Canadian HR Reporter

CanaDian hr reporTer July 14, 2014 14 INsIGHt Judging books by their covers when i was a teenager, I really wanted a jean jacket. (Hey, it was the 1980s, don't judge.) But my parents wouldn't let me have one. my mom was a teacher and, in her eyes, kids who wore jean jackets seemed to misbehave more than those who wore corduroys. (Hey, I said it was the '80s.) e point is there's always been a stereotype associated with the way we look — the way we dress, how we style our hair and whether or not we have piercings or tattoos. e photo on page one of this issue features Kendra Behringer, a 24-year-old Edmonton woman who has started a petition to make "body modifi cation" — such as piercings and tattoos — a protect- ed ground of discrimination un- der human rights law in Alberta. Behringer has 22 piercings above the neck and claims to have had her resumé thrown in the trash — right in front of her — because of her appearance. I don't have any piercings or tattoos — they're not my cup of tea. And I totally understand why people fi nd them uncomfortable. Growing up, I didn't really know anyone with tattoos — I always associated them with criminals. Maybe the odd military person as well but, for the most part, tat- toos signifi ed one thing to me as a child: You were probably a bad seed and I should probably cross to the other side of the street. But those days are long gone. Now, it seems more surprising to meet someone who doesn't have a tattoo. (Maybe today's "rebels" are the ones who choose to remain ink-free?) Pick a random sampling of individuals and you're going to fi nd more than just pierced ears. Body modifi cation is a form of expression, not a sign the person is a deviant, and it's something employers shouldn't be taking into account when making a hir- ing decision. There have been rulings already on this front. Back in 2009, Canadian Employment Law Today covered a case out of Quebec where a daycare banned employees from having visible tattoos. One of the employees at the daycare had a dragon tattoo on her shoulder. She fi led a grievance and a court ultimately sided with her — fi nding the ban was based on prejudices and stereotypes of people with tattoos. e judge pointed out tattoos are more com- mon "in all levels of society" and employers shouldn't be passing judgment on someone who has body art. But the court did identify one limit — saying the employer could require inappropriate tattoos, de- picting violence or other tasteless designs, to be covered up. In 2013, we covered a similar case in Canadian Labour Report- er where the Ottawa Hospital at- tempted to cover up large, visible tattoos and excessive piercings. An arbitrator, while conceding it wasn't a human rights issue, shot down that policy. "Aside from the personal opin- ions of its senior managers, the hospital has provided no evidence for its rationale that there is a link between health-care outcomes and the new rules it has imposed," said the arbitrator. " e hospital has not shown that there is any le- gitimate reason for the employer to control the exposure of tattoos and piercings to the extent the dress code does. Where no harm can be shown to either patients or employees or the hospital itself, the restrictions are an infringe- ment of the employees' right to present themselves as they see fi t." Both those rulings seem rea- sonable and are hard to argue with — regardless of your personal views on tattoos and piercings. Over the years, the number of protected grounds under human rights have expanded with family status being the new kid on the block. If employers continue to throw out the resumés of applicants solely because of a tattoo or pierc- ing they fi nd objectionable, it's not a stretch to think Beh- ringer's petition to add body modifi cation as a protected human rights ground could fi nd a fa- vourable ear. We've al- ready heard arbitrators and courts frown on blanket policies. So, while it's far too late for me to get a jean jacket — the urge, not to mention the fashion, is gone — it's time employers stopped judg- ing books by their covers. ere's way too much talent under all that ink and nose rings to ignore. Todd Humber editor's notes sCataloGICal MIsBehaVIour DENVER — you might want to watch your step if you're ever at the region eight offi ce of the environmental protection agency in Denver. Management wrote an email earlier this year to all staff in the area asking them to stop inappropriate bathroom behav- iour, including defecating in the hallway, according to Government Executive. e email mentioned "several incidents" in the building, including toilets clogged with pa- per towels and "an individual plac- ing feces in the hallway" outside the restroom. epa management consulted with an expert who said the poop was not only a health and safety risk, but dangerous — and the person responsible would "probably escalate" his actions. shoulD they Put It on or taKe It oFF? SINGAPORE — Job applicants ap- plying for a job in Malaysia's fi nan- cial industry might want to con- sider some changes to their diet — but it's not clear whether they should try to gain or lose weight. a jobseeker seeking a managerial post at CiMB was asked recently to fi ll out her weight and height on the job application form, ac- cording to Channel newsasia. "i thought it was quite strange and i don't know how that will aff ect my chances of getting the job," she said. a CiMB bank spokesperson said the organization adopted the group-level application form many years ago, and while the fi elds for a candidate's height and weight are to be fi lled out, it hires based on suitability for the job. Singapore's workplace anti-discrimination watchdog, the Tripartite alliance for Fair and progressive employ- ment practices (TaFep), said complaints relating to physical at- tributes are rare — it receives only about fi ve each year. Crayons aren't Just For KIDs SILICON VALLEY — a Google employee is enjoying an entire week off in July thanks to an en- dearing plea from his young daughter — in the form of a letter written in green crayon. Katie de- cided her father had been too busy at work lately, so she wrote to the tech giant asking for leniency. her letter read: "Dear google worker. Can you please make sure when daddy goes to work, he gets one day off . Like he can get a day off on wednesday. Because daddy onLy gets a day off on saturday… pS. it is daddy's BirThDay… ppS. it is summer, you know." and Google sent back a dutiful reply: "your fa- ther has been hard at work design- ing many beautiful and delightful things for Google and millions of people around the globe… on the occasion of his Birthday, and rec- ognizing the importance of taking some Wednesdays off during the summer, we are giving him the whole fi rst week of July as vaca- tion time." tIMe to CoVer uP OTTAWA — ree employees of the ottawa Convention Centre are unhappy with their employer's policy when it comes to tattoos, according to the Ottawa Citi- zen. e two equipment movers and housekeeper said when they refused to cover up the artwork, they were asked to leave. Since then, their building pass keys have not worked. employees are very aware of that term of agreement to cover up tattoos, said Daniel Coates, marketing manager at the centre. "it helps protect an image that is pleasing and serving to the public... We serve the public. We serve delegates. We like to main- tain a neutral sort of look because we sell rooms and meeting space." But one of the inked workers called the policy discrimination based on body modifi cation and said it is a matter of freedom of expres- sion and human rights. in 2012, an arbitrator struck down an ot- tawa hospital dress code requiring workers to cover up tattoos and remove piercings, said the Citizen. e arbitrator agreed some of the older patients might have a more negative fi rst impression but there was no evidence body art aff ected patient health. W EIRD orKPlaCe the sPellInG 101 EVANSTON, ILL. — Journalism students at an illinois uni- EVANSTON, ILL. — Journalism students at an illinois uni- EVANSTON, ILL. versity might want to reconsider their academic choice after the school made a major boo boo when it proudly handed out di- plomas to graduates. northwestern's Medill School of Journalism, Media, integrated Marketing Communication, gave 30 diplomas to graduates on which the word "integrated" was spelled as "itegrated." of course, a photo of the error was then tweeted out by one of the grads and word of the mistake soon spread, according to the associated press. Desiree hanford, Medill's journalism residency co-ordinator, said the diplomas are issued by the university and new versions will be provided. Vol. 27 no. 13 – July 14, 2014 PUBLISHED BY Thomson Reuters Canada Ltd. One Corporate Plaza 2075 Kennedy Rd. Toronto, ON M1T 3V4 ©Copyright 2014 by Thomson Reuters Canada Ltd. All rights reserved. CANADIAN HR REPORTER is published 22 times a year. Publications Mail – Agreement # 40065782 Registration # 9496 – ISSn 0838-228X Director, Carswell media: Karen Lorimer - (416) 649-9411 karen.lorimer@thomsonreuters.com Publisher and Editor: John Hobel (On Leave) EDITORIAL Acting Publisher/managing Editor: Todd Humber - (416) 298-5196 todd.humber@thomsonreuters.com senior Editor: Sarah dobson - (416) 649-7896 sarah.dobson@thomsonreuters.com News Editor: Liz Bernier - (416) 649-7837 liz.bernier@thomsonreuters.com Employment law Editor: Jeffrey r. 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Address changes and returns: Send changes and undeliverable Canadian addresses to: SUBSCRIBER SERVICES Canadian Hr reporter One Corporate Plaza 2075 Kennedy rd. Toronto, ON M1T 3V4 ❑ From time to time, we make our subscriber list available to companies and organizations whose products and services we believe may be of interest to you. If you do not want your name to be made available, please check here and return with your mailing label. CUSTOMER SERVICE Call: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5082 (Toronto) (877) 750-9041 (outside Toronto) Email: carswell.customerrelations@ thomsonreuters.com LETTERS TO THE EDITOR todd.humber@thomsonreuters.com CHRR reserves the right to edit for length and clarity. "HR has to tell line managers 'no.' Otherwise, the company may end up out of business for saying 'yes' one time or 12 to the tune of liti- gation costs, which offset profits. If the CEO or line managers want everything to go as they want, don't hire HR — do the job (employee relations) yourself. Then, fire whomever you want whenever you de- sire... without ever having to hear 'no.' Simple really." — Anonymous, commenting on Todd Humber's blog "Random thoughts from a morning at SHRM" Join the conversation online. Comment freely on any blog on www.hrreporter.com. READER COMMENTS ese days, it seems more surprising to meet someone who doesn't have a tattoo.

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