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Estheticians can鈥檛 be forced to wax male genitals, B.C. tribunal rules

91原创 transgender woman Jessica Yaniv was ordered to pay three salon owners $2,000 each
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Jessica Yaniv speaks at a 91原创 Township council meeting in the spring of 2019. (Screengrab)

Warning: This story contains content some readers might find offensive

The BC Human Rights Tribunal has dismissed a complaint brought by a 91原创 transgender woman in a case about genital waxing that drew worldwide media attention.

Jessica Yaniv alleged that it was discriminatory that various Lower Mainland salons refused to provide her with waxing services.

In two cases, Yaniv requested arm or leg waxing, but in five cases she requested scrotum waxing.

She claimed refusal to serve her was discrimination on the basis of gender identity and expression, which is protected in the Human Rights Code.

The tribunal did not agree that gender expression means intimate grooming services must be provided.

鈥淚n the genital waxing cases, I find that scrotum waxing was not a service customarily provided by the respondents. As such, they did not deny Ms. Yaniv a service and did not discriminate against her,鈥 tribunal member Devyn Cousineau wrote in the decision.

The tribunal noted there is no material difference between arm and leg waxing for men and women, but still didn鈥檛 find against the beauty salons.

鈥淚n the leg and arm waxing cases, I find that Ms. Yaniv filed the complaints for improper purposes,鈥 the decision continues.

All of her complaints were dismissed.

The tribunal found that Yaniv had targeted her requests towards women, mostly minorities, often speaking English as a second language, who operated alone out of their own or their clients鈥 homes.

鈥淭hese characteristics are significant because they support my conclusion that Ms. Yaniv has engaged in a pattern of filing human rights complaints which target small businesses for personal financial gain and/or to punish certain ethnic groups, which she perceives as hostile to the rights of LGBTQ+ people,鈥 Cousineau wrote.

Only three of the people targeted by Yaniv鈥檚 complaints presented a defence.

The tribunal ordered Yaniv to pay each of those complainants $2,000 for her improper conduct during the course of the complaint.

Overall, the tribunal found that Yaniv鈥檚 testimony was 鈥渄isingenous and self-serving.鈥

鈥淚n cross-examination, she was evasive and argumentative, and contradicted herself,鈥 said the ruling.

Among other issues, Yaniv, who has previously identified as a trans woman, at one point during the hearing claimed to be intersex, which means someone who is born with genitalia that may be indeterminate or have elements of both male and female genitalia. At other times, she referred to having 鈥渕ale parts.鈥

She used fake names to approach some of the women, or approached them using the name 鈥淛onathan鈥 and a photo on social media that showed her with short hair and no makeup.

One of the women testified she didn鈥檛 turn down Yaniv because she was transgender 鈥 she was turned down because the witness was frustrated with multiple texts from Yaniv, and didn鈥檛 feel comfortable keeping the appointment.

After the salon owner cancelled Yaniv鈥檚 appointment, Yaniv got the woman鈥檚 Facebook page shut down by claiming it didn鈥檛 use the woman鈥檚 real name, and made repeated attempts to contact her at work, and via text and Facebook.

The woman became afraid and contacted the police. It eventually led to her shutting down her business entirely.

鈥淎 grocer is not required to service a bicycle,鈥 the lawyer for the salons commented.

The women targeted by Yaniv鈥檚 complaints provided Brazilian waxing, but not the male equivalent, sometimes dubbed a 鈥渂rozillian鈥 or 鈥渕anzillian.鈥 The two procedures are very different, a fact that was confirmed by an expert witness at the tribunal, a salon owner, and instructor with 30 years of experience.

The tribunal decided 鈥渁 scrotum is different than a vulva 鈥 regardless of the gender of the person it is attached to.鈥

It is rare for a Human Rights Tribunal to find that a complaint has been filed for 鈥渋mproper purposes,鈥 the ruling noted.

鈥淚 accept that Ms. Yaniv is partly motivated by her desire to fight what she perceives as pervasive discrimination against transgender women in the beauty industry,鈥 Cousineau noted.

But her primary reason for filing the complaints was to target small businesses for financial gain, the tribunal ruled.

鈥淚n many of these complaints, she is also motivated to punish racialized and immigrant women based on her perception that certain ethnic groups, namely South Asian and Asian communities, are 鈥榯aking over鈥 and advancing an agenda hostile to the interests of LGBTQ+ people,鈥 said the ruling.

The volume of complaints, the use of deception by Yaniv, her animus to certain races, religions, and cultures, and her stated desire to resolve all of her complaints for a financial settlement contributed to the finding, the ruling said.



Matthew Claxton

About the Author: Matthew Claxton

Raised in 91原创, as a journalist today I focus on local politics, crime and homelessness.
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