Bullying and Psych Injuries

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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About Me

Ben Barfett, Principal and Consultant, has spent his life in the construction sector, specifically heavy civil, enviro, commercial, and energy. Having held senior roles in business development, technical advisory, and regional management, he earned his stripes in the field and in head office. Conscious of the interplay between commercial, legal, and execution aspects of construction, his business insights are informed by expertise in WCB policy and enhanced with disability-specific training. 

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Blue Collar Consulting

Blue Collar Consulting is a WCB and disability management firm. The company specializes in rapid and affordable disability solutions that advance current claims, contain the cost of future claims, and get injured workers back on their feet. 

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