The complainant applied for a waitress position at the respondent tavern but was refused employment when she declined to work topless.
The Board of Inquiry found that imposing a more burdensome dress requirement on female employees than on male employees performing similar work constituted sex discrimination.
The Board rejected the respondent's argument that a new job category for females only had been created, noting that sex was not a bona fide occupational qualification for serving tables.
The Board awarded the complainant $222 for lost wages and $100 for mental distress.
