The review was requested in September after photos of an employee, reportedly from Oakville Trafalgar High School, were widely shared on social media. In the photos, the person wears a large prosthetic breast, which is covered by clothing, while standing with students. The Halton District School Board (HDSB) gave no context for the photos, saying only that it was a “personnel matter.” The report, which was presented to the board this week, said implementing a formal dress code for staff would present a “significant liability”. “Even if a dress code is implemented for non-discriminatory reasons, it will likely be considered discriminatory when it adversely affects an employee or group of employees based on reasons protected by their Code,” said Superintendent Sari Taha and Director of Education . Curtis Ennis wrote in the report. “Finally, and most importantly, we note that if the employer wishes to foster a culture of professionalism, respect, equality and inclusion, a truly reasonable and unbiased dress code or grooming standards will likely not deliver the intended results.” The report also notes that if the HDSB implements a dress code, it must be prepared to demonstrate that any “gender-related differences” are “good professional requirements” or risk being deemed discriminatory. Taha and Ennis also say policies should be neutral to allow workers to express themselves according to the gender they live. “Dress code and grooming requirements that provide insufficient leeway for employees to conform to religious tenets and beliefs or that result in disparate treatment will generally be considered discriminatory and therefore unenforceable,” the report states. “Policies that impose different standards of grooming on men and women, or that place additional burdens on members of one sex, are too often seen as unenforceable.” The review comes just over a month after Ontario’s education minister asked the Ontario College of Teachers to review professional conduct provisions related to the photos. Stephen Lecce told reporters in September that while the province celebrates diversity, it also believes “there needs to be the highest standards of professionalism in front of our kids.” “On that basis, I have asked the Ontario College of Teachers to review and consider strengthening these provisions regarding professional conduct, which we believe would be in the best interests of all children in Ontario.” The Ontario College of Teachers is an entity that licenses, governs and regulates the teaching profession. According to its website, they have the power to issue, suspend and revoke teaching certificates, set ethical standards of practice and investigate complaints about members.
