Physical appearance

How far can an employer go in imposing appearance-based requirements?

May 28, 2012 Alison J. Bird Employee Relations, Human Resources, Human Rights

In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However,…

appearance, BFOR, bona fide occupational requirements, British Columbia Human Rights Tribunal, discrimination, discriminatory hiring practices, employment law, ethnicity, Freedome of expression, gender, human rights code, legitimate business reason, Physical appearance, stereotypical assumptions

Weight a factor in employment decisions

March 5, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation

In a recent HRinfodesk poll, we asked our readers if a person’s weight had ever influenced their decision on whether to hire, promote or reward the person. The reason I was so interested in the topic is that a Quebec lawyer recently sued her former law firm because she believes the firm discriminated against her in employment because she was overweight.

BFOR, bona fide occupational requirement, discrimination, employment, employment contract, employment law, employment related decisions, fixed-term contract, height and weight requirement, hiring, overweight, Physical appearance, Physical disability, promoting or rewarding employees, psychological harassment, Quebec Human Rights Commission