Jessica Yaniv speaks at a Langley Township council meeting in the spring of 2019. (Screengrab)

Jessica Yaniv speaks at a Langley Township council meeting in the spring of 2019. (Screengrab)

Estheticians can’t be forced to wax male genitals, B.C. tribunal rules

Langley transgender woman Jessica Yaniv was ordered to pay three salon owners $2,000 each

Warning: This story contains content some readers might find offensive

The BC Human Rights Tribunal has dismissed a complaint brought by a Langley transgender woman in a case about genital waxing that drew worldwide media attention.

Jessica Yaniv alleged that it was discriminatory that various Lower Mainland salons refused to provide her with waxing services.

In two cases, Yaniv requested arm or leg waxing, but in five cases she requested scrotum waxing.

She claimed refusal to serve her was discrimination on the basis of gender identity and expression, which is protected in the Human Rights Code.

The tribunal did not agree that gender expression means intimate grooming services must be provided.

“In the genital waxing cases, I find that scrotum waxing was not a service customarily provided by the respondents. As such, they did not deny Ms. Yaniv a service and did not discriminate against her,” tribunal member Devyn Cousineau wrote in the decision.

The tribunal noted there is no material difference between arm and leg waxing for men and women, but still didn’t find against the beauty salons.

“In the leg and arm waxing cases, I find that Ms. Yaniv filed the complaints for improper purposes,” the decision continues.

All of her complaints were dismissed.

The tribunal found that Yaniv had targeted her requests towards women, mostly minorities, often speaking English as a second language, who operated alone out of their own or their clients’ homes.

“These characteristics are significant because they support my conclusion that Ms. Yaniv has engaged in a pattern of filing human rights complaints which target small businesses for personal financial gain and/or to punish certain ethnic groups, which she perceives as hostile to the rights of LGBTQ+ people,” Cousineau wrote.

Only three of the people targeted by Yaniv’s complaints presented a defence.

The tribunal ordered Yaniv to pay each of those complainants $2,000 for her improper conduct during the course of the complaint.

Overall, the tribunal found that Yaniv’s testimony was “disingenous and self-serving.”

“In cross-examination, she was evasive and argumentative, and contradicted herself,” said the ruling.

Among other issues, Yaniv, who has previously identified as a trans woman, at one point during the hearing claimed to be intersex, which means someone who is born with genitalia that may be indeterminate or have elements of both male and female genitalia. At other times, she referred to having “male parts.”

She used fake names to approach some of the women, or approached them using the name “Jonathan” and a photo on social media that showed her with short hair and no makeup.

One of the women testified she didn’t turn down Yaniv because she was transgender – she was turned down because the witness was frustrated with multiple texts from Yaniv, and didn’t feel comfortable keeping the appointment.

After the salon owner cancelled Yaniv’s appointment, Yaniv got the woman’s Facebook page shut down by claiming it didn’t use the woman’s real name, and made repeated attempts to contact her at work, and via text and Facebook.

The woman became afraid and contacted the police. It eventually led to her shutting down her business entirely.

“A grocer is not required to service a bicycle,” the lawyer for the salons commented.

The women targeted by Yaniv’s complaints provided Brazilian waxing, but not the male equivalent, sometimes dubbed a “brozillian” or “manzillian.” The two procedures are very different, a fact that was confirmed by an expert witness at the tribunal, a salon owner, and instructor with 30 years of experience.

The tribunal decided “a scrotum is different than a vulva – regardless of the gender of the person it is attached to.”

It is rare for a Human Rights Tribunal to find that a complaint has been filed for “improper purposes,” the ruling noted.

“I accept that Ms. Yaniv is partly motivated by her desire to fight what she perceives as pervasive discrimination against transgender women in the beauty industry,” Cousineau noted.

But her primary reason for filing the complaints was to target small businesses for financial gain, the tribunal ruled.

“In many of these complaints, she is also motivated to punish racialized and immigrant women based on her perception that certain ethnic groups, namely South Asian and Asian communities, are ‘taking over’ and advancing an agenda hostile to the interests of LGBTQ+ people,” said the ruling.

The volume of complaints, the use of deception by Yaniv, her animus to certain races, religions, and cultures, and her stated desire to resolve all of her complaints for a financial settlement contributed to the finding, the ruling said.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Langley RCMP on scene at what appeared to be a fatal bike accident. (Matthew Claxton/Langley Advance Times)
Cyclist dies suddenly while riding in Langley

Police were on scene of the fatal incident

Kim Snow was chosen as the H.D. Stafford Good Citizen of the Year winner by the Greater Langley Chamber of Commerce. (Langley Advance Times file)
Local angel chosen for top Langley Chamber of Commerce community award

The H.D. Stafford Good Citizen of the Year Award was presented this week

Chief Robert Gladstone of Shxwha:y Village at a federal flood funding announcement April 24, 2019. (Jenna Hauck/Chilliwack Progress file)
Consortium of Indigenous chiefs seeking a way to participate in cannabis economy

All Nations Chiefs from the Shxwha:y, Cheam, Soowahlie and Sq’ewlets holding online forum Dec. 2

The family owned and operated Twilight Drive-In, located in Aldergrove, has been in operation since 2005. (Aldergrove Star files)
COVID restrictions curtain Twilight Drive-In for two weeks

Owner Jay Daulat is hopeful the Aldergrove business can re-open after Dec. 7

What COVID-19 looks like under the microscope. (CDC)
LETTER: Langley senior pens poem of encouragement during dark times

Less than a year ago, few had ever heard of the coronavirus. Now it dominates our lives

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks along the seawall in North Vancouver Wednesday, November 25, 2020.THE CANADIAN PRESS/Jonathan Hayward
911 new COVID-19 cases, 11 deaths as B.C. sees deadliest week since pandemic began

Hospitalizations reach more than 300 across the province

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Screenshot of Pastor James Butler giving a sermon at Free Grace Baptist Church in Chilliwack on Nov. 22, 2020. The church has decided to continue in-person services despite a public health order banning worship services that was issued on Nov. 19, 2020. (YouTube)
2 Lower Mainland churches continue in-person services despite public health orders

Pastors say faith groups are unfairly targeted and that charter rights protect their decisions

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A big job: Former forests minister Doug Donaldson stands before a 500-year-old Douglas fir in Saanich to announce preservation of some of B.C.’s oldest trees, July 2019. (B.C. government)
B.C. returning to ‘stand-alone’ forests, rural development ministry

Horgan says Gordon Campbell’s super-ministry doesn’t work

Despite rumours, Surrey RCMP say they are not issuing tickets to people if they are driving in a vehicle with others from a different household. (File photo)
COVID-19 tickets: No, RCMP aren’t checking vehicle occupancies, restaurant tables

Enforcement about education, not punishment says Surrey RCMP Cpl. Joanie Sidhu

Alexandre Bissonnette, who pleaded guilty to a mass shooting at a Quebec City mosque, arrives at the courthouse in Quebec City on February 21, 2017. THE CANADIAN PRESS/Mathieu Belanger - POOL
Court strikes down consecutive life sentences; mosque shooter has prison term cut

The decision was appealed by both the defence and the Crown

Gold medallists in the ice dance, free dance figure skating Tessa Virtue and Scott Moir, of Canada, pose during their medals ceremony at the 2018 Winter Olympics in Pyeongchang, South Korea, Tuesday, Feb. 20, 2018. THE CANADIAN PRESS/AP-Charlie Riedel
Olympic champions Virtue, Moir and Tewksbury among 114 Order of Canada inductees

Moir and Virtue catapulted to national stardom with their gold-medal performances at the Winter Olympics in 2018

Shoppers line up in front of a shop on Montreal’s Saint-Catherine Street in search of Black Friday deals in Montreal, Friday, Nov. 27, 2020. THE CANADIAN PRESS/Paul Chiasson
Black Friday shopping in a pandemic: COVID-19 closes some stores, sales move online

Eric Morris, head of retail at Google Canada, says e-commerce in Canada has doubled during the pandemic.

Most Read