Canadian HR Reporter

CANADIAN HR REPORTER January 23, 2017 8 NEWS that form of discrimination, said Dolinsky. Further, Manitoba legis- lation under the Workplace Safety and Health Act protects workers from harassment surrounding body type. "It may be illusory to think that there isn't protection for people based on a weight issue," he said of Bill 200. "It just shouldn't be treated as if it's breaking new ground because people have al- leged discrimination successfully based on weight in various juris- dictions for years. I would argue, from an employer's perspective, it's not necessary. I think there's a lot to work with already." "Essentially, if you are discrimi- nating against fat people, it's the same as if you're discriminating against someone who has darker skin or lighter skin or burns on their skin. You're treating some- one differently based on some characteristic instead of personal merit. If someone just doesn't get a job — under the current state of the law in Manitoba — and feels like they were treated poorly and got some hint that it related to their weight, then they could file a complaint." Classif ying discrimination profiles in legislation gives less credence to other classes of indi- viduals who may also suffer ha- rassment, said Dolinsky. A better avenue may be edu- cating the public that treating people as second-class citizens due to personal characteristics is grounds for discriminatory chal- lenges, he said. And organizations should still review hiring practices to prevent a possible lawsuit, said Dolinsky. "at's preventative medicine, whether the law changes or stays the same." Cases of weight discrimina- tion have been tried in a variety of Canadian jurisdictions — typi- cally when extra pounds were perceived to be a disability, said Dolinsky. "Employers make decisions at their peril if they are based on someone's appearance," he said, citing a recent case in British Co- lumbia where an overweight man won $2,000 in court after failing to earn a job as a construction zone flagman due to the perception he was disabled. "Employers should already be aware of behaviour that discriminates on the basis of weight, whether it be based on perceived health issues or some- thing else." 'Rampant' discrimination But make no mistake, weight dis- crimination is "rampant" in the workplace, said Toronto activist Jill Andrew, adding fat jokes are still prevalent in the public sphere, viewed as a "rude joke as opposed to a discriminatory action." "If you made a fat joke at your office today, maybe you'll offend a person or two, but nobody's go- ing to take you to HR for that," she said. "However, if you vented and ranted about Muslim religion or blacks or gays, I guarantee you that you would have your job tak- en the following day. at's why we need to have laws to reflect these things." Co-founder of the Body Con- fidence Canada Awards, Andrew is pushing for an amendment to the human rights code in Ontar- io. A petition she posted to www. change.org in May 2016 has gath- ered more than 8,500 signatures of support. "It can include everything from size to height to facial differences to something as innocuous as early hair loss, which we have started to see cropping up," she said of discrimination based on appearance. "When we stop ap- pearance-based discrimination, we allow people to really tread forward in the skin they're in on the basis of their intelligence and skill." "I do feel like this is an area where we need to push further." Discrimination isn't always ob- vious or intentional, said Andrew. "Fat people, or people who may not have facial features that are seen as a normalized look of beauty, are often not placed in front positions," she said. "ey're often not the ones travelling to represent the company." Additionally, work absentee- ism can often result when em- ployees feel judged or ridiculed by colleagues. "e irony is if we cure the 'so- cial illness' of size and physical appearance discrimination, it can be economically beneficial to the workforce," said Andrew. Delicate balance Benefits to this type of legislation could trickle down as far as the provincial economy, said Gerrard, noting the provincial GDP could increase its productivity as a result of a decrease in mental illness. A doctor by trade, he said it has "been a journey in terms of learn- ing" on this issue, stemming from both medical studies and discus- sions with affected citizens who have felt discriminated against because of their weight. "I was stunned to see how big a problem, and how blatant a prob- lem, it is," he said. "I was kind of awoken to the severity of it. Discrimination is leading to mental health prob- lems. We have to be very careful about stigmatizing or discrimi- nating against people who are overweight because that is, in my view, not appropriate. ere's much better ways that we can go about approaching this that are healthier for people." Society needs to move beyond blaming the victim and recognize that being overweight, for many people, is in their genes, said Gerrard. "ey may be able to go on a diet or a program for a short period of time and lose weight, but very of- ten, after more time passes, they put a lot of that weight right back on. I think it is fundamentally re- ally important that we recognize that this is a condition where we shouldn't be blaming the person who is overweight." People need to be comfortable in their body, he said. "We need to accept who they are and let them feel comfortable in who they are. It is important in terms of mental health." Physical and mental well-being go hand in hand, said Gerrard. "If you want people to be pro- ductive in the workplace and do well, I think it's really important that we do what we can to optimize brain health and physical health." Discrimination 'rampant' WEIGHT < pg. 1 "If you made a fat joke at your office today, maybe you'll offend a person or two, but nobody's going to take you to human resources for that." HR Manager's Guide to Employment Files and Information Management: Legislation and Best Practices uniquely addresses the management of all types of employee information throughout the employment lifecycle, from recruitment to termination. Employment information and documentation management carries legal requirements that protect an organization from litigation, and are essential to the creation of sound policies for efficient, effective, and ethical business practices. Easy to read and understand, this new guide provides Human Resources professionals and others who deal with employee files, either electronically or in paper format, with: • Key legislation and emerging case law • Best practices in the areas of privacy, records retention, human resources information systems (HRIS), and information security • Practical guidance, tools and templates, such as sample policies • Information on all Canadian jurisdictions Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986618-65203 $72 Softcover approx. 100 pages April 2015 978-0-7798-6618-2 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. HR Manager's Guide to Employment Files and Information Howard A. Levitt, B.A., LL.B., and Tanya Neitzert, B.A., CHRP Brought to you by: © 2016 Thomson Reuters Canada Limited 00228VC-A49657-E98871 Credit: Mark Blinch (Reuters) If successful, Bill 200 in the provincial legislature — which aims to ban discrimination based on weight — would make Manitoba the first jurisdiction in Canada to specifically ban this type of prejudicial treatment, according to MLA Jon Gerrard.

• Cover