I work at a fairly large restaurant chain in Alberta, Canada (they have locations across both Canada and USA) as a male server/waitress. Servers are paid often the same base wage of $15/hour with tips included that deviate per shift.
The restaurant is divided into two major areas, namely the Dining room and the Lounge, where you are scheduled in only one for the entirety of your shift. Upper management has told me (with witnesses involved) that male servers are barred from serving in the Lounge, whereas female servers are allowed to serve in both the Dining room and Lounge. Here, managements rationale for this is that the clientele in the Lounge would prefer a female server rather than a male (which in my opinion is doubtful, except for the occasional customer, since this is not a restaurant that is based off of sex appeal like Hooter's for example). Now, the problem is, Lounge shifts yield often more than double the tip income (due to more traffic/sales) and are considered the best shifts to have.
This restaurant doesn't seem to operate under a "bona fide occupational requirement" as would some restaurants/bars such as Hooter's or stripclubs would. Is this gender discrimination and illegal to do? I read somewhere (however might not be Alberta law, rather someplace else) that customer preferense alone does not qualify as a suitable defense for BFOQ, hence is illegal. If this is true, what actions should be taken (if any) and is it worth while to make a complaint to the Alberta Human Rights Commission?
As a side note, these complaints have been heard multiple times from various male servers from upper management for over a year now without remedy.
Hopefully someone has an answer for this, would really appreciate it, and thank you!
