Case Study 1: Whats Wrong with Body Piercings? Read the following Case study and using your notes, common sense, real world experience and any online material you wish, develop in-depth answers. With the variety and extent of body piercings on many people, one would think that it is okay to have and display them in any work environment. However, this may not always be true. A residential care facility for older people developed a new dress code policy that specifically stated that clothing needed to be able to cover any and all body piercings. The facility argued that the policy was necessary due to the number of elderly people who were uncomfortable around individuals with piercings. This new policy was grieved by its union and went to arbitration for a decision. For 50 years, in a unionized workplace, arbitrators have held that any dress code must be reasonable. Of course, what was reasonable in 1965, when the first ruling was made, may not be reasonable in 2020. The original arbitration had a number of tests for any new policy: (1) it must not be inconsistent with terms of collective agreement, (2) it must not be unreasonable, (3) it must be clear, (4) it must be made known to the employees, (5) employees must be notified of any breach of policy, and (6) the policy must be consistently enforced. During the arbitration hearing, the union argued that these tests were not met. The care facility also argued that the tests were outdated and need to be revised, particularly in a healthcare setting. Although the arbitrator did acknowledge that some patients might not have positive impressions of body piercings, the arbitrator also stated that the patients also might not have positive impressions of any other particular staff member. Furthermore, the arbitration determined that there was no human rights issue but a simple one of any employers wanting to prevent any complaints. The arbitrator ruled in favour of the union, indicating that there was no business case or evidence for the policy. The arbitrator also stated that there was no apparent connection between how staff looked and any health outcomes.

Questions: 5 marks each

1. Do you think an employer ought to be able to institute any type of dress code, including one dealing with body piercings? Why or why not?

2. Since the test for implementing a policy is only applicable to unionized work environments, do you think personal appearance ought to be a prohibited ground in human rights legislation? Why or why not?