Employer expectations of employees’ physical fitness: Employment lawyer on 640 Toronto

Interview Summary

A recent study from the U.K. appears to illuminate a correlation between overweight staff members and taking sick leave. The findings of this report have led many to question employer expectations and employee rights regarding physical well-being. Can an employer mandate a certain level of fitness from their staff?

Teilen Celentano, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP, joined John Oakley on 640 Toronto to discuss employee rights and employer obligations.

Interview Notes

• Mandatory physical exercise classes: Celentanto offered caution to employers implementing mandatory physical fitness classes or having particular expectations. “The Ontario Human Rights Code does prohibit employers from discriminating against people,” said Celentano. Employers should seriously consider why someone cannot participate in that class, and if it is due to a disability or medical condition.
• Employer and individual workplace decision: Each workplace and employer must decide whether physical fitness can be implemented during the workday. Currently, there are no laws preventing employers from doing so. “There could be unintentional ramifications to these proposed changes for those who are unable to partake,” Celentano explained. “This could outweigh the potential benefits.”
• Bonuses awarded to participants: Bonuses that are awarded based purely on a certain level of physical fitness could be seen as discriminatory if they are not awarded to those with physical limitations or disabilities. “It could be discriminatory if the people in wheelchairs are not receiving bonuses, or people who suffer other physical ailments,” Celentano stated.

Related Resources

For further insights and discussions related to accommodations at work and employee rights, explore the following resources:

• Duty to accommodate