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A Dublin barber has been ordered to pay €5,000 to a transgender man after being found to have discriminated against him when refusing to give him “a short back and sides”.
The transgender man, Lee McLoughlin, told the Workplace Relations Commission (WRC) that when he sat down to have his hair cut at Charlie’s Barbers in Nutgrove Shopping Centre, south Dublin on September 24th last, the barber, mistakenly believing he was a woman, replied: “I don’t cut ladies’ hair”.
Mr McLoughlin told the barber that he just wanted a “short back and sides” and the barber replied “We don’t cut ladies’ hair. I’m sorry”.
Mr McLoughlin said that he then informed the barber that he was transgender and a trans man.
He alleged the barber proceeded to shake his head and stated, “I am sorry, we can’t cut ladies’ hair. It’s a contract that we have with another hairdresser around the corner, so if we cut a woman’s hair we will be fined”.
Mr McLoughlin had arrived at the busy barbers at 1.05pm and proceeded to take a seat with a number of other men queuing and waited 25 minutes before it was his turn.
Mr McLoughlin told the WRC hearing that the comments by the barber were uttered in front of a number of customers and caused huge embarrassment and distress to him and he left the premises “in shock”.
Mr McLoughlin claimed he was discriminated under the Equal Status Act on the grounds of gender.
Upholding the claim, WRC adjudication officer Gerard McMahon ordered the respondent in the case, Paula Smith of Charlie’s Barbers, to pay out €5,000 to Mr McLoughlin.
Mr McMahon said: “I conclude that the complainant was treated differently, because he was transgender when he was refused a haircut by the respondent. This amounts to discrimination on the grounds of gender.”
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The barbers said the barber in question had no training in cutting ladies’ hair and had never done so before. They also told the WRC that the barber in question when starting his job was instructed that the business lease prohibited them from cutting women’s hair.
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So, this barber was between a rock and a hard place. Theres a contract that they do not cut the hair of females, so he said no, and was fined anyway for this.
What should the barber have done in this case?
And what on earth can they do in the future now, as women will know they only have to put on 'male clothing' and they can get a haircut for a third of the price. So they will be breaching this contract with the other business, and risking fines...but getting large fines anyway if they do not break the contract
All rather confusing tbh.
I don't really see why barbers refuse to do females hair anyway, if they are asking for a 'male haircut' as surely its the same?
Maybe hairdressers should start advertising that barbers are where to go if you want short hair, but hairdressers are where to go if you have long hair or want it dyed?! Rather than being for one sex. Would save short haired females a hell of a lot of money, given womens haircuts are like 20 quid where male ones are 5-7