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Quit Over Hairstyle Policy

10/31/2014

Janet Moore

CTV News reported this week that a 64-year-old WestJet employee quit her job with the airline rather than change her hairstyle after they requested her to do so.

Janet Moore, who wears a short, spiky multi-toned hairstyle (brown and blonde), refused to comply with a request to adjust her hair colour when the company stated it wanted public-facing employees to put forth a more "professional, consistent approach" in their appearance.

Moore expressed that she has had this hairstyle and colour since was hired by WestJet. The company is rolling out new uniforms for its staff in the new year and has begun taking steps about individual employee appearance as part of that roll-out.

The company did not fire her, but rather offered to help her create a new hairstyle. Moore was not willing to make the compromise:

“They told me that the policy’s always been there, they’ve just been very lax about it,” Moore told CTV News. "I felt I had to resign on principle. I felt offended and personally attacked, and I felt I had no choice but to resign because the ultimatum would have been that I had to be dismissed. I would not change my hair. It's me. It's who I am. It defines me." Source: CTV News Calgary

Other businesses that have recently made news related to their employee appearance policies include:

Clothing retailer Abercrombie & Fitch, whose sales staff are expected to abide by a very stringent appearance guidelines (as outlined in this Buzzfeed story), is now the subject of an U.S. Equal Opportunity Commission complaint after an applicant who is a practising Muslim and wears a black hijab (head scarf) was not hired because it would have required a religious exemption from the company's "look policy." Source: The Guardian
Coffee giant Starbucks has relaxed some of its employee appearance policies to allow for "family friendly" tattoos to be visible, as long as they are not on the employee's neck or face. They may now have a maximum of two piercings per ear and shorts or skirts, as long as they are no more than 4 inches above the knee. They still cannot have Sources: The Globe and Mail, iVillage.ca

Kendra Behringer of Edmonton

Are tattoos and piercings a human right?

These stories highlights the increasing number of conflicts over an employee's personal appearance in the workplace.

Earlier this year, a 24-year-old Edmonton woman launched a campaign to make it illegal for employers to discriminate based on body modifications (such as visible tattoos and piercings). This would require an amendment to the Alberta Human Rights Act, since "body modifications" is not currently a protected ground the same way as ethnicity or gender.

Behringer claims that she has been discriminated against by potential employers due to her 22 visible piercings. Lawyers and HR professionals have stated that the likelihood of her campaign leading to legislative change is very unlikely.

Lauren Friese, founder of TalentEgg.ca (an HR recruiting firm that specializes in student jobs and internships), commented that although an individual may feel they are being attacked for the way that they choose to express themselves, that is missing the key point. "Companies work very hard to create a specific image and employees should be prepared to represent that."

Clear Path's Margaret Sullivan Williams concurs: "A business has the right to set standards on how their employees, particularly public-facing ones, appear before their customers. This can apply to both dress code and cleanliness. They can expect team members to appear in a way that is appropriate for their clients and the brand image the company is working to convey. However, if they are setting restrictions, they should ensure that it is "bona fide" for their particular business."

Want to learn more about employee policies?

Clear Path is hosting a seminar titled "Establishing Rules of the Game: Building an Effective Employee Policy Manual" on November 6th, 2014. You'll learn what makes an effective policy manual, what elements are critical, what new elements you should include (internet use, needs of a multi-faith workforce), and what recent legislation you need to ensure you are in compliance with. Click here to learn more.

Other blog posts you may be interested in:

Wild and Unusual Employee Policies (October 15, 2014)
Employees Behaving Badly Outside of Work (September 18, 2014)

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Mistakes That Drive Up Your WSIB Claim Costs

10/16/2014

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Wonder why your WSIB claim costs are higher than you'd like them to be?
Is your organization making some strategic mistakes when it comes to dealing with workplace injuries?

Here is a quick list of the biggest mistakes companies make that can lead to increased WSIB claim costs for your organization:

1. Lack of a company-wide commitment to safety and accident prevention

Preventing workplace accidents takes more than platitudes and a few posters around your workplace
Making safety a real priority includes regular audits of your work spaces, keeping your Health & Safety policies and procedures up-to-date (and communicating them to your employees), ensuring your supervisors are vigilant, and dedicating sufficient time and resources to training your work force on safety practices.

2. Absence of documented modified work options for injured workers

As the Boy Scouts like to say, it pays to "be prepared"
Investing the time in researching a variety of modified work options for an injured worker in advance will put you in the driver's seat in the unfortunate event of a workplace accident (rather than scrambling to find something for an injured worker to do)
Performing a Physical Demands Analysis (PDA) for all high-risk positions will allow you to give vital information to medical professionals when they are determining what a worker is capable of doing when filling in a Functional Abilities Form (FAF)

3. Not understanding how claim status affects your costs

Lost-time claims, particularly when an injured worker is away from the workplace for 4 weeks or more, are the primary driver of increased WSIB claim costs
You should aim to have all claims be no lost-time claims (offering immediate modified work options for any injured worker if possible)
Additionally, when a claim remains "active" for even one day into the next calendar year (i.e. worker is not returned to regular or modified duties before December 31st). This makes your claim "active" in the next year, which means your costs will be calculated by a much higher "Reserve Factor"

4. Being uninformed about employer programs offered by the WSIB

The WSIB offers employers cost relief when a pre-existing injury contributed to the cause for an accident or is prolonging the recovery from an accident. The program is called Secondary Injury and Enhancement Fund (SIEF).
There is also an opportunity to transfer the costs related to an accident to a Third Party if that party was responsible for the accident (i.e. your employee was injured at a customer's site)
Not pursuing SIEF cost relief or 3rd party cost transfer when appropriate leads to unnecessarily high WSIB claim costs for your organization

5. Lack of regular communication

The most important strategy is the also the easiest to do
Lack of communication between HR and the worker, their manager, medical practitioners, and your WSIB adjudicator leads to delays and misunderstandings
Document all contact in writing for your records!

Want to learn more?

Consider registering for one of Clear Path's upcoming learning sessions:

Introduction to Disability Management: Oct 29th in Cambridge. Perfect for those new to claims management.

Introduction to the WSIB's NEER Program: Nov. 26th in Cambridge or Dec. 2nd in Mississauga. This practical workshop uses real-world examples in order to calculate the financial impact of a variety of return-to-work scenarios.
Advanced NEER Strategies: Dec. 4th in Mississauga. This hands-on course is for experienced claims managers who wish to deepen their knowledge and learn how to forecast WSIB costs.

You can also contact Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com with any of your WSIB-related questions. We look forward to hearing from you!

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Wild and Unusual Employee Policies

10/15/2014

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Having an Employee Policy Manual is a best practice for businesses who want to ensure that their team members have a clearly defined set of protocols to follow. These policies typically outline expectations around attendance, dress code, and how to treat fellow employees.

Lately, we've been hearing more and more about unique employee policies that you might consider downright odd. We've compiled a few of them in this blog.

Employee Policy: Protesting Bathroom Harassment

Don't take too long in the bathroom

A Chicago manufacturer got into "hot water" its employees during the summer of 2014 when it began disciplining employees for "excessive use" of washrooms during the workday. They were quoted as defining excessive as anything above 60 minutes in a 10 day period (or 6 minutes per day). The employer even installed swipe card systems on bathrooms located off the factory floor after they determined employees were spending too much time away from from the manufacturing line. (Source: CNN)

Our take: This approach may be over-the-top, but this company is not the first to be concerned with extensive "breaks" taken by employees bringing smart phones into a washroom, often spending time texting friends or playing games. Canadian employers who attempted such a policy would likely face a Human Rights complaint, particularly considering Ontario's accessibility legislation (AODA).

How do you want your eggs?

News broke this month that U.S. tech companies Facebook and Apple will begin to pay their female workers up to $20,000 to offset costs related to freezing their eggs for use at a later date when they decide to get pregnant. Considering the bad press both companies received when they revealed the lack of gender and racial diversity in their organizations, this may be an attempt to woo more female employees. (Source: Financial Post)

Our take: Companies are able to provide any type of benefits or perks that they wish, but as HR professionals we have some concern that this might send the message that getting pregnant now is undesirable and may be career-limiting.

Don't ask for weekends off in this kitchen

U.S. restaurant Amy's Baking Company, which was featured in an unflattering episode of TV's "Kitchen Nightmares," has come under fire for requiring employees to sign an extensive "binding agreement," which includes items such as:

Holidays and Weekends are mandatory. By signing this contract you are accepting that you will be required to work all Holidays and Weekends. Due to the nature of our Industry, this is a necessity and any No-Show will be monetarily penalized with a fee of $250.00. (Source: Laist.com)

Our take: Even though employee absence is a real concern for employers, particularly those in service industries, it is unlikely that this type of agreement would hold up in Canada. Companies should inform applicants that working holidays and weekends is a bona fide job requirement during the hiring process, but attempting to apply a financial penalty for absence is unlikely to succeed.

It doesn't matter if you're a book lover

In 2011, Business Insider published a story based on an investigation into working conditions at Amazon titled "10 Crazy Rules That Could Get You Fired From Amazon Warehouses." They detailed that the retailer used a point system to keep track of infractions. Once an employee reaches 6 points, they are likely out of a job.
(Source: Business Insider)

Some of the rules uncovered include:

No wearing lipstick, chewing gum, or drinking anything but water in a clear bottle (no coloured drinks of any kind are allowed).
Don't wear a watch. This rule is related to not wanting employees to wear products that are sold by the retailer, so all employees must remove watches before entering work.
Don't use too much tape. Gift wrapped packages are inspected by supervisors and all employees are trained on how to wrap using the right amount of tape and wrapping paper.
Don't talk too much. If you do, you'll be separated from your neighbour.
Don't show up late. Being up to a half hour late earns you 0.5 points. Not showing up at all for a shift earns you 3 points.

Our take: Although many of the rules may seem strange at first blush, many are common sense when working in an environment that is packaging books and other items for customers. The employer would certainly not want things spilled on products or their packaging.

It's not called the Magic Kingdom for nothing

The folks at Disney theme parks want to maintain an environment that is magical and consistent for all of their guests. They have an extensive number of rules for employees (known as "cast members") to ensure those objectives are achieved. Guff.com published an article titled "16 Secret Rules for Disney Employees" in September 2014. The list is noteworthy (and hilarious) in its specificity. (Source: Guff.com)

Some of the appearance-related highlights include:

All facial hair on cast members has to be fully grown and neatly trimmed. They cannot shape their beards and their mustaches cannot extend over the lip or further than the corners of their mouth.
Male and female cast members are not allowed to shave their eyebrows.
Men’s hair cannot extend over their ears or shirt collars.
Women’s hair has to be neatly brushed. Braids are allowed, but not beads.
To play a princess, you need to be between 5’4” and 5’8” tall.
Women’s fingernails cannot exceed a quarter of an inch past the fingertip and nail polish is not allowed. Men’s nails cannot go past their fingertip.
Visible tattoos, tongue piercings, and ear gauges are simply not allowed.
Cast members who wear glasses can’t wear frames that display logos or brands. Also, the colour and the frame must be conventional.

The list also includes a number of rules around behaviour, including:

Cast members are not allowed to say "I don't know" to a guest. If they aren't able to answer a question, they must pick up a telephone and call an operator.
Those playing a character must follow specific guidelines so that each autograph looks identical.
Cast members are not to point using one finger. If asked for directions, they are to gesture with their entire hand or two fingers.
Cast members must always remain in character while on the property and remember that any characters outside the Disney universe (i.e. Harry Potter, Bugs Bunny, Shrek) simply don't exist in the Disney Parks.

Our take:
It is not surprising that a company renowned for customer service excellence and a consistent customer experience would have such rigid requirements for its employees.

Want to learn more about employee policy manuals?

Clear Path is hosting a seminar titled "Establishing Rules of the Game: Building an Effective Employee Policy Manual" on November 6th, 2014. You'll learn what makes an effective policy manual, what elements are critical, what new elements you should include (internet use, needs of a multi-faith workforce), and what recent legislation you need to ensure you are in compliance with. Click here to learn more.

We'd love to connect with you!

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Ways To Reduce Your WSIB Claim Costs

10/15/2014

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In the unfortunate event of a workplace injury, use of these "Essential 4" strategies, along with regular analysis of your company's NEER statements, are the best way to reduce your WSIB claim costs:

1. Effective claims management:

Regularly follow-up with all the relevant players involved in a claim: the worker, their manager, medical practitioners, and your WSIB adjudicator
Always review your Monthly Cost Statements (find out why) and your Quarterly NEER statements for inaccuracies
Object when you have any suspicions about the validity of a claim (when you suspect fraud, when a doctor's diagnosis does not seem to match with the nature of the accident, when the injury is a result of horseplay or from a situation where the employee was "removing themselves from the course of employment," or if you believe that an injury is due to a non-occupational situation. Note that there is a 6 month time limit on objections.
Utilize the WSIB appeal process when appropriate

2. Pursuit of SIEF cost relief:

If you believe that a worker's pre-existing condition may have contributed to the accident or is prolonging recovery, you should request SIEF cost relief
This will not impact the amount of benefits the worker will receive
Read our recent blog "What is SIEF" for more information

3. Active return-to-work efforts:

Ideally, aim to have all your claims as "no lost time" claims
Train your managers to refrain from saying "take a few days off"
Be prepared to offer modified duties
Any claim with over 4 weeks of lost time will incur significantly higher WSIB costs
Emphasis on early Return-To-Work (RTW) - this will increase the likelihood of a successful RTW and is better psychologically for the worker
Gradual RTW should focus on increasing a worker's stamina and ability to return to their previous duties if possible. Discourage workers from having physiotherapist appointments in the middle of the day (before or after work is preferred).
Communicate with the worker, their manager, treating practitioners, and the WSIB on a regular basis
Require the worker to meet their RTW obligations

4. Medical management of your claims:

Rather than passively waiting on the WSIB's resources, facilitate more timely execution of treatment through private medical providers. Although these will be out-of-pocket expenses, anything that keeps costs off your NEER statement and speeds up recovery will ultimately save you money
Utilize 3rd party expertise to help understand medical evidence and potentially question/challenge decisions. Medical consultants speak the "language" of medical practitioners and are more likely to engage them than lay people.
Medical consultant can be an advocate for the worker and encourage them through the RTW process

Conclusion:

By utilizing the "Essential 4" strategies + NEER analysis, you will achieve:

Optimal health outcomes for your injured workers
Financial savings for your company
Quick resolution to disability claims
Workers who understand your company’s policies and are committed to supporting your RTW programs

Want to learn more about WSIB claims management?

Register for one of our upcoming workshops (click to learn more):

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Spotlight on Clear Path's Kelly Auld

10/1/2014

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This blog post is part of an ongoing series where we feature one of Clear Path's incredible team members and help you get to know them a bit better.

This month, our spotlight is on Claims Manager and HR Consultant Kelly Auld:

Fun Fact: I played varsity level hockey at university

Hometown: Kitchener, Ontario

Alma Mater: University of Windsor

Oddest claim you've ever been asked to manage:
The guy who claimed WSIB for sitting on his testicles. Really.

Dog Person or Cat Person: Cat, but I do love dogs as well

Which person do you most admire? Michael J. Fox

Favourite Movie: Robin Hood: Prince of Thieves (how can you go wrong with Costner and Freeman?)

TV shows you never want to miss: Rookie Blue, Agents of S.H.I.E.L.D.

Book That You're Reading Right Now:
Until You Are Dead: Stephen Truscott's Long Ride Into History by Julian Sher

Who is your favourite writer? Robert Munsch

Which fictional characters do you look up to?
Miranda Hobbes and Samantha Jones from Sex and the City

University of Windsor

Who Kelly admires most

Book Kelly is reading

Her favourite movie

Characters Kelly looks up to

What would you pick for your last meal?
All-you-can-eat sushi

What is your greatest extravagance?
Ice cream and sleep

What is your idea of perfect happiness?
Doesn't exist, but the closest thing is laying on a beach in the hot sun

What do you consider the most overrated virtue?
Sacrifice

What talent would you most like to have?
Singing on key

What do you consider your greatest achievement(s)?
Graduating university, buying a car and purchasing a house all within 1.5 years

If you were to die and come back as a person or a thing, what would it be?
A spoiled house pet

Where would you most like to live?
Happy where I am

What is your personal motto?
Life is too short

You can learn more about Kelly on her Clear Path Bio page.

Other entries in our Spotlight Series:

Spotlight on Clear Path's Margaret Sullivan Williams

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