Dr. David J. A. Jenkins

The Ontario Human Rights Commission brought a complaint on behalf of Carolyn Maddox, a shoe salesperson who was told by her employer to lose 35 pounds or face termination.

Ms. Maddox left her employment and subsequently died in a car accident before the hearing.

The Board of Inquiry dismissed preliminary motions to stay the proceedings due to delay and the complainant's death, admitting her discovery transcript from a related civil action.

On the merits, the Board held that obesity is not a 'handicap' under the Human Rights Code unless it is an ongoing condition caused by illness that limits physical capabilities.

The Board also dismissed the claim of sex discrimination, finding insufficient evidence that the employer's weight requirement was directed at the complainant because she was a woman.

The complaint was dismissed.