Geno’s Restaurant has a dress policy that requires female servers to wear a unif

Question

Geno’s Restaurant has a dress policy that requires female servers to wear a uniform provided by the restaurant, but male servers are simply told to wear black shirts and blank slacks. The uniforms that are provided to female servers consist of very short skirts and very low-cut blouses. This dress code has been in place for ten years and is very strictly enforced by Geno’s Restaurant. Geno’s Restaurant justifies this policy on the basis that the female server’s uniforms draw customers. Matilda, who has just been hired as a server at Geno’s Restaurant, objects to wearing the uniform and contends that the policy requiring her to wear the uniform is a form of sex discrimination. Is Matilda right? Why, or why not

Explanation / Answer

Discrimination at work place/ sex-gender discrimination

Due to modernization and equal treatment of men and women at work place, now women have the ability to perform with equal skill in all profession. Gender or sex discrimination is unequal treatment at work place on the basis of particular gender. It is unfair, unequal treatment. It may be direct or indirect way of unlawful treatment. Direct sex discrimination is there when an employee is treated unfavourably because of sex like in Geno’s restaurant women employees are forced to wear dresses in which their private parts are exposed. In this case Matilda is right as she objects to wear such dresses because restaurant has different policy for men and women. It is gender discrimination. Here rules are imposed on women employees though gender differences polices of one’s employment are never addressed clearly in firms’ policies or in employment law. But sometime women are treated unfairly like they are paid less compared male employees at same designation with same qualification as male employees have, are promoted less or receive less training and appreciation than their male colleagues. Gender stereotypes and the discrimination are now concerned in the society that discrimination laws are there in legal subject. Indirect sex discrimination can be defined when employers or managers set assumptions to have bias on certain gender. For example, employer set rules in advertisement of recruitment of software engineer that job applicants must be tall, fair and willing to work more than 10 hours daily. These could be not according to job requirements and rarely suit women than men.

Sex discrimination at workplace may be in form of:

Claim or complain against Sex discrimination

Here Matilda must raise sex discrimination complaint as employers are liable for their employees’ action on discrimination or sexual harassment at work place. It is obligation of employers to eliminate discrimination, sexual harassment and ensures equal treatment of all employees at work place as possible. Complaints of discrimination can be filed to the Commission. Commission resolve complains through a process called conciliation. Matilda can refer “The Equality Act 2010” says unlawful or unfair practises for an employer in wages, recruitment, providng working conditions, benefits etc to employees to discriminate because of sex or gender.

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