Trans customer slaps Montreal Walmart with Human Rights complaint over using women's bathroom

"I have a beard, but I also dress very feminine," Day explained.

Jarryd Jaeger Vancouver, BC
A transgender individual from Montreal who identifies as neither a man nor a woman says he will be filing a complaint with the Quebec Human Rights Commission after being grilled over his use of the women's bathroom at the Walmart on Rue Jean-Talon Ouest earlier this month. 

Educator and childcare professional Seth Day alleged that he was confronted by the store's assistant manager upon exiting the ladies' room and questioned about his biological sex in front of other customers. 

In an interview with CTV News, Day said "being treated so unkindly" was "really traumatic and stressful," suggesting that the store should have done more to accommodate his needs.

"I have a beard, but I also dress very feminine," he explained, adding that as his gender expression changes, so too does his bathroom preference. 

The assistant manager had told Day that he could not use the women's bathroom because his presence was making women feel uncomfortable. 

"What bathroom am I supposed to use, then?" Day replied, pointing out the lack of gender-neutral facilities. "What about my comfort as a client?"

He said that following the "dehumanizing" incident, he went to the store's general manager, who apologized for his colleague's conduct. Walmart Canada's Senior Manager of Corporate Affairs, Stephanie Fusco, told CTV that the franchise was "looking into" Day's experience.

Day chalked it all up to discrimination, suggesting he had been targeted for being transgender. According to the Quebec Charter of Human Rights and Freedoms and the Canadian Human Rights Act, treating people differently based on their gender identity is not allowed, and individuals' expression must be respected.

"Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap," the charter states.
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