And this months award for most outrageous goes to .....!
VANCOUVER — An Okanagan woman who failed to get a job after a manager complained she had a hacking cough and "reeked of smoke" has filed a human-rights complaint, arguing she was discriminated against based on her disability: an addiction to cigarettes.
In a decision released Thursday, the B.C. Human Rights Tribunal agreed to hear the case, one of the first of its kind in Canada.
According to the tribunal's preliminary decision, Roxanne Stevenson, a relief employee with the City of Kelowna, applied for a job last May as a part-time operations clerk with the city.
During her interview, the city asked Stevenson about absenteeism and she replied that she had "perfect attendance."
However, when the city checked her personnel file it found she had taken numerous sick days during past jobs with the city.
The city decided not to hire her, something it argued was due to Stevenson not being well-suited for the job.
However, Stevenson claims she wasn't hired because she was a smoker.
That suspicion was reinforced when she got hold of an e-mail written by the city's human resources manager Joe Staniszewski after her interview.
"(A supervisor) says she's a very heavy smoker and missed a number of times away sick," Staniszewski wrote. "As an aside — she reeked of smoke in my office and was coughing regularly and clearing her throat."
Vancouver labour lawyer Christopher McHardy said Stevenson's case is unusual.
While there have been a couple of human-rights cases in which smokers claimed discrimination, he said, both were dismissed for other reasons, so no tribunal has ruled on the issue.
Yet while Stevenson's case may be the first of its kind, McHardy doubts it will be the last.
"Whereas I think society at large is becoming more tolerant about religious differences and colour differences . . . I think our society is becoming less tolerant of smokers," he said.
In a decision released Thursday, the B.C. Human Rights Tribunal agreed to hear the case, one of the first of its kind in Canada.
According to the tribunal's preliminary decision, Roxanne Stevenson, a relief employee with the City of Kelowna, applied for a job last May as a part-time operations clerk with the city.
During her interview, the city asked Stevenson about absenteeism and she replied that she had "perfect attendance."
However, when the city checked her personnel file it found she had taken numerous sick days during past jobs with the city.
The city decided not to hire her, something it argued was due to Stevenson not being well-suited for the job.
However, Stevenson claims she wasn't hired because she was a smoker.
That suspicion was reinforced when she got hold of an e-mail written by the city's human resources manager Joe Staniszewski after her interview.
"(A supervisor) says she's a very heavy smoker and missed a number of times away sick," Staniszewski wrote. "As an aside — she reeked of smoke in my office and was coughing regularly and clearing her throat."
Vancouver labour lawyer Christopher McHardy said Stevenson's case is unusual.
While there have been a couple of human-rights cases in which smokers claimed discrimination, he said, both were dismissed for other reasons, so no tribunal has ruled on the issue.
Yet while Stevenson's case may be the first of its kind, McHardy doubts it will be the last.
"Whereas I think society at large is becoming more tolerant about religious differences and colour differences . . . I think our society is becoming less tolerant of smokers," he said.
The Blog of Walker, 7th February 2009
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