Dear Blue Collar,
It’s no secret that our popular restaurant hires attractive women only. But one of our veteran servers has put on substantial weight, and our HR manager felt compelled to have a talk with her about it. I’m told the conversation was handled delicately, and the server acknowledged the weight problem. Everything seemed fine, but several days later the server filed a claim with WCB citing PTSD from bullying. Can you help?
(A): Contrary to popular belief, employers are free to discriminate based upon good looks, as attractiveness isn’t a prohibited ground under human rights legislation. In fact, whether we like it or not, most discrimination is perfectly legal. Only the few grounds i.e. race, creed, gender, sexual orientation, religion, etc. specified in human rights discrimination constitute illegal discrimination.
With that said, while discrimination based on looks may not run afoul of human rights, that fact doesn’t preclude an expensive WCB claim. Given the sensitive nature of the conversation had with the worker, you shouldn’t be surprised if WCB accepts the claim. That said, your employer may be entitled to cost removal, meaning that this claim wouldn’t necessarily impact on premiums. Call us for more information.
