Fired because of the lenght of her fingernails

A sales consultant in an optometrist's office claims damages. She claims she was dismissed because she refused to comply with a company rule limiting the length of her fingernails in the workplace, a rule she qualifies as discriminatory. The employer justified its decision by its desire to reduce the spread of viruses and promote hygiene. The Court recognizes that the employer may adopt and apply policies and rules concerning the physical appearance of its employees, as long as they are in compliance with the Charter. For the Court, there was no violation of the plaintiff's right to private life or freedom of expression. The concern to preserve the company's image is legitimate, the policy regulating fingernail length allows this objective to be achieved and its application constitutes only a minimal violation of the employee's rights. The application is dismissed.

Carneiro c. Lebel
2024EXPT-885, 2024 QCCQ 1340, Brigitte Gouin, J.C.Q.