A Canadian transgender woman’s legal complaints against several beauticians who refused to wax her male genitalia have been dismissed after they were found to be ‘unjustified’ and ‘improperly motivated’ by financial gain and racial discrimination.
Jessica Yaniv, 32, had previously attempted to claim that numerous Vancouver estheticians discriminated against based on her ‘gender identity and gender expression’ on separate occasions when she requested a Brazilian bikini wax but was refused.
Yaniv, who still has male genitalia, was told by each of the women they were unable to provide the service as they were not trained to wax male genitals – which could cause serious injury to her – as well as citing religious reason and the fact they shouldn’t be forced to touch genitals they don’t want to.
She filed various complaints against estheticians in the Vancouver area, causing two to go out of business, and she was seeking as much as $15,000 in damages from each place.
However, the British Human Rights Tribunal dismissed her complaint Tuesday, ruling that: ‘Human rights legislation does not require a service provider to wax a type of genitals they are not trained for and have not consented to wax.’
Jessica Yaniv, 32, had previously attempted to claim that several Vancouver beauticians discriminated against based on her ‘gender identity and gender expression’ on separate occasions when she requested a Brazilian bikini wax and they refused
Respondents in the complaint included Blue Heaven Beauty Lounge (above) and Sandeep Benipal; Sukhdip Hehar and Sukhi Dream Salon; Judy Tran; Marcia DaSilva; Hina Moin; Pam Dulay; and Merle Norman
The Tribunal also found Yaniv to have ‘engaged in improper conduct’ including filing ‘complaints for improper purposes’, and called her testimony both ‘disingenuous’ and ‘self-serving’ along with ‘evasive and argumentative and contradictory’.
Her initial order for $500,000 in damages was also branded ‘divorced from reality and reason’.
‘I find that Ms. Yaniv’s predominant motive in filing her waxing complaints is not to prevent or remedy alleged discrimination, but to target small businesses for personal financial gain,’ adjudicator Devin Cousineau determined.
‘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.’
Yaniv’s motives were therefore ruled not to be consistent with the B.C. Human Rights Code by Cousineau, and she was ordered to pay $6,000 for improper conduct.
Her improper motives were determined because she was found to have used deception to manufacture some of the complaints. She also sought punish the respondents by filing numerous complaints against each beautician.
Cousineau also said Yaniv made an over insistence on settling the claims financially and showed ‘animus toward certain racial, religious and cultural groups.’
Eight of the respondent she filed complaints against were non-white women, who were typically working out of their homes.
The Tribunal also found Yaniv to have ‘engaged in improper conduct’ including filing ‘complaints for improper purposes’, and called her testimony both ‘disingenuous’ and ‘self-serving’ along with ‘evasive and argumentative and contradictory’
‘I found aspects of Ms. Yaniv’s testimony to be disingenuous and self‐serving. In cross‐examination, she was evasive and argumentative, and contradicted herself,’ Cousineau wrote, elaborating that Yaniv first claimed to have male genitals but then later said she was intersex with ‘other stuff’.
At one hearing, Yaniv claimed to have a vulva, which Cousineau accepted as fact while denying a request from the respondent’s lawyers to have her undergo medical examination.
Regardless, Cousineau said, Yaniv has a scrotum and ‘there are differences between waxing the genitals of a person with a vulva and a person with a penis and scrotum’.
Yaniv attempted to argue that being refused a wax was similar to the high profile case in the US of a gay couple being denied a wedding cake order on religious grounds.
‘There is no material difference in a cake which is baked for a straight wedding, and one that is baked for a gay wedding,’ wrote Cousineau. ‘Nor does baking a cake for a gay wedding require you to have intimate contact with the client.
‘There is a material difference in waxing different types of genitals and that, because of its intimate nature, service providers must consent to provide service on a particular type of genitals.’
Her improper motives were determined because she was found to have used deception to manufacture some of the complaints. She also sought punish the respondents by filing numerous complaints against each beautician. Cousineau also said Yaniv made an over insistence on settling the claims financially and showed ‘animus toward certain racial, religious and cultural groups’
Yaniv was also accused of being deceitful on a number of occasions. In one instance, she asked a beautician, Sandeep Benipal, how she would wax around a tampon string.
Though she testified the purpose of the question was to test Benipal’s ‘professionalism’ and to see it her Blue Heaven Beauty Lounge was a ‘legitimate business’, the explanation was admonished by Cousineau.
‘If Ms. Yaniv were genuinely curious about the legitimacy of Ms. Benipal’s business, she could have asked questions related to training, licencing, facilities or other matters relevant to the business,’ he wrote.
Yaniv’s case sparked international outrage and the tribunal was fiercely criticized for allowed her case to advance so far.
The case was finally dismissed on Tuesday and Yaniv was ordered to pay $6,000 for improper conduct.
Cousineau lowered the penalties against Yaniv after considering the ‘torrent of backlash and hatred’ against her online following the exposure of her claim last summer.
On Twitter Tuesday, Yaniv appeared gracious in defeat, congratulating lawyer Tako Van Popta on his ‘win’ and added, ‘You and I will be meeting quite a bit over the next 4 years. We have a lot to work on to advance #LGBTQ equality. Let’s get started!!!’
She then tweeted a Helen Rowland quote, urging her followed to take a chance because, ‘You will never win if you never begin.’