Cousineau wrote that "..a person who customarily offers women the service of waxing their arms or legs cannot discriminate between cisgender and transgender women absent a bona fide reasonable justification” .
Did Dr Yaniv even contemplate what "a bona fide reasonable justification" was? Dr Yaniv claims to be a TrustedNerd, yet cannot even navigate a simple search query to validate a chosen disposition.
If Therapist J. Jonathan Yaniv, PhD had even done a simple search for the query "bona fide reasonable justification" most search engines return something like this:
The first result we got when searching DuckDuckGo for 'bona fide reasonable justification' is an article by the Ontario Human Rights Commission which sets out, with simple and easy to understand English (not directly in Punjabi or Hindi) as a legal test defined by the Supreme Court of Canada that sets out a framework for deciding whether a prima facie (on its face) discriminatory requirement is reasonable and bona fide (legitimate) in the circumstances. The organization (She Point Beauty Studio) must show on a balance of probabilities (more likely than not) that the requirement:
- Was adopted for a purpose or goal that is rationally connected to the function being performed
- Was adopted in good faith, in the belief that it is necessary to fulfill the purpose or goal
- Is reasonably necessary to accomplish its purpose or goal, in the sense that it is impossible to accommodate the claimant without undue hardship.
Ultimately, the person who wants to justify a discriminatory requirement, rule or standard must show that accommodation was incorporated into the standard to the point of undue hardship. This means the requirement was designed or changed to include as many people as possible, and that any remaining individual needs were accommodated, short of undue hardship.
I think that the threat of being sued by employees who feel harassed by Transgender Therapist Dr J. Jonathan Yaniv, PhD qualifies as a reasonable justification to refuse service to the vexatious Yaniv.