Transgender woman withdraws complaint

VANCOUVER • A transgender woman in B.C. has withdrawn a human rights complaint filed against an esthetician who turned down her request for a Brazilian wax job.

The Justice Centre for Constitutional Freedoms, whose lawyers represented the esthetician, said Monday their client was vindicated and called it a “victory.”

But the complainant, whose identity is shielded by the B.C. Human Rights Tribunal, said she withdrew the complaint because she felt she was being harassed by the lawyers. She added that she has since reached a resolution with the tanning lounge where the esthetician used to work.

“It’s not a victory for them at all,” she said.

In March, the complainant messaged the esthetician, Shelah Poyer, in Surrey after seeing a personal Facebook ad for waxing services. She inquired whether Poyer did Brazilians, referring to a bikini wax or the removal of pubic hair around the groin.

“Not for men, sorry,” Poyer answered over Facebook.

“I’m actually female. I transitioned a while ago,” she replied. But when she inquired what time she could schedule a visit, there was no response.

The complainant tried to call the tanning salon where Poyer worked the next day, but Poyer declined to engage in any further conversation.

She filed a complaint with the human rights tribunal against Poyer, Poyer’s boyfriend and the Mint Tanning Lounge alleging discrimination on the basis of gender identity or expression.

Poyer has insisted through her lawyers that she did not have the supplies or training to wax male genitalia (a “Manzilian”).

But the complainant, who can only be identified by the initials “JY,” said the wax job she was seeking was a Brazilian and would not have involved touching genitalia.

She said Monday that she felt she was being harassed by Poyer’s lawyers because they were seeking to make public her identity.

In a news release, the Justice Centre for Constitutional Freedoms confirmed Poyer’s lawyer, Jay Cameron, was planning to file an application to lift the confidentiality requirements as the complainant identifies as a woman in public and on the internet and there was “no valid reason” to keep her identity shielded.

It also stated that Cameron had retained an expert to testify that male waxing requires a different technique and supplies compared to Brazilian waxing jobs for women.

The complainant said she has since gone through a one-hour mediation with the tribunal and owner of the tanning lounge during which the owner agreed to develop policies to prevent such incidents from happening again.

“I want to make sure steps are taken so it doesn’t happen to another person out there,” she said.