March 8, 2018
This report was inspired by an article written by Adrian Miedema, of Dentons Canada LLP. Banned from Pool and Fitness Facility, Man who Requested “Young, Hot Female Trainer”
An individual was banned from a public pool for specifically requesting a hot female trainer in an email to the staff.
The banned individual subsequently filed a human rights complaint against the public pool, alleging a medical condition that contributed to this behaviour.
The BC Human Rights tribunal dismissed the application on the basis of:
- no medical evidence presented, together with,
- a lack of any known or readily observable behaviour that would create the “duty to inquire” into whether or not the individual had a medical condition or disability that influenced his actions.
The tribunal also stated that as the request was provided for in an email, the complainant’s email does not reflect an uncontrollable comment or blurt but rather a reflection of intentional and contemplative thought.
The conclusion of this human rights application is obvious, but the reasons may appear nuanced to some. Duty to inquire and duty to accommodate can be tricky for employers and corporations otherwise obliged to human rights acts, particularly in BC. It is worth a risk assessment or policy and/or work rule audit before engaging in BC work. We can help with that.
Sam Kemble – Director Workforce & Labour Relations