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Windsor resident denied haircut at barbershop because of gender

The Barber's Chair changes policy after genderqueer customer complains

A person in Windsor, Ont. is considering filing a complaint to The Human Rights Tribunal of Ontario because her gender prevented her from getting a haircut.

Debby Nunes has been going to barbershops for more than two years. She said she has never been denied service, until Thursday.

Nunes booked an appointment with The Barber's Chair in the Devonshire Mall, but when she showed up along with her partner, they denied her service.

"[They said] we don't do women's haircuts," she said. "I did get emotional because it does bring up past experiences that I've had."

"My first thought was, 'How do you know I'm a woman?'"

Nunes identifies as genderqueer, which means she doesn't fit into the gender binary of being male or female.

She moved to Windsor, Ont. last month and has had her hair cut at barbershops in the city without an issue.

"I've had a pleasant experience at Pushers, but I had a couple recommendations to go to The Barber's Chair," she said.

The Barber's Chair said it has been in the Devonshire Mall for 16 years. A spokeswoman at the shop said it has been a 'men's only shop' since it opened.

'It just doesn't feel good.'

But human rights specialists say denying services based on gender is a violation of human rights.

"Everyone has the right to define their own gender identity and a right to express their gender as they see fit," said Laverne Jacobs, a law professor who specializes in human rights law and discrimination.

"These rights are guaranteed under the Ontario Human Rights Code. Under human rights law, businesses and organizations have to avoid collecting personal information from individuals on their gender unless it is absolutely necessary," she said.

"Providing a service like a haircut does not require gender identification."

A spokesperson with The Barber's Chair said the agreement to cut men's hair only is with the Devonshire Mall.

But the mall says that isn't accurate.

"The Barber's Chair could provide a men's style haircut to any customer," said Chris Savard, general manager of Devonshire Mall.

The agreement is on the type of product or service they can sell, he said.

"[The lease agreement] has no definition as to who they can sell them to," said Savard.

Nunes said how the shop handled the situation was not appropriate.

"It just doesn't feel good," she said. "Especially since it was done sort of in the reception area and there were people waiting and automatically all eyes were on me."