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Tribunal rejects B.C. man害羞草研究所檚 claim he was banned from yoga studio due to sex addiction

Human Rights Tribunal rules 害羞草研究所榥o reasonable prospect害羞草研究所 that Erik Rutherford害羞草研究所檚 complaint would be proven
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(File photo) A man who alleged discrimination by a White Rock yoga studio has had his complaint dismissed by the BC Human Rights Tribunal

A man who alleged that disclosure of his sex addiction led to him eventually being barred from a White Rock yoga studio has had his complaint dismissed by the B.C. Human Rights Tribunal.

According to a decision released by the tribunal on Aug. 23, there 害羞草研究所渋s no reasonable prospect害羞草研究所 that facts brought forward by Erik Rutherford against Westcoast Hot Yoga will be proven at a hearing.

According to Rutherford, the alleged discrimination began after he told a staff member he was 害羞草研究所渟eeking help with sex addiction.害羞草研究所

Westcoast had countered that the steps against Rutherford were taken as a result of 害羞草研究所渉arassing behaviour that was rendering staff and other clients uncomfortable.害羞草研究所

Tribunal member Emily Ohler found that, 害羞草研究所淲hile the timing could weigh in favour of Mr. Rutherford害羞草研究所檚 assertion that his disclosure of his mental disability factored into the treatment he received, there is nothing in the materials that could support a finding that Mr. Rutherford害羞草研究所檚 mental disability was a factor in the behaviour Westcoast points to as informing its decision to bar him.

害羞草研究所淩ather, it is reasonably certain the Respondent would establish its non-discriminatory explanation of having chosen to ask Mr. Rutherford to practice elsewhere because of his 害羞草研究所榗onstant harassing by text, email and phone to teachers and the studio害羞草研究所 with his allegations of gossip and his upset over the Coach not accepting him as a client at her business 害羞草研究所 behaviours that were causing conflict and discomfort for staff and clients.害羞草研究所

At the time of the complaint to the tribunal, Rutherford had been a client of Westcoast for about eight years, the reasons state.

Ohler notes that Rutherford filed a complaint in June 2018 with the Better Business Bureau, after a Westcoast employee who has her own personal-coaching business outside of the yoga studio declined to accept him as a client once he told her he was looking for help with sex addiction.

The employee said it was not her field of expertise, the reasons state.

In the BBB complaint, 害羞草研究所淢r. Rutherford says that the Coach 害羞草研究所榙enied the writer help with depression, adjustment disorder and help with relationships,害羞草研究所櫤π卟菅芯克鶟 the reasons state.

害羞草研究所淪he told the owner instead of offering help.

害羞草研究所淲estcoast says this was when things escalated.害羞草研究所

Rutherford admitted, the reasons note, that he contacted the employee 害羞草研究所減artly due to my mental disability as she is an attractive healthy woman.害羞草研究所

In his complaint to the tribunal, Rutherford said he felt comfortable speaking freely about his personal life because he was a long-standing client, and disclosed his previous struggles with addiction to staff 害羞草研究所渁t some point in 2017.害羞草研究所

害羞草研究所淗e says that after this, staff began to be less friendly to him and alleges they were looking at him differently and gossiping about him.害羞草研究所

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He also complained that he was no longer permitted to purchase a five-class package that he had 害羞草研究所渞outinely害羞草研究所 purchased previously.

Rutherford further alleged that a Westcoast staff member who he ran into at a coffee shop in February 2018 said to him 害羞草研究所渨e don害羞草研究所檛 think you害羞草研究所檙e that healthy mentally.害羞草研究所

He spoke with the studio owner around March 25, 2018, to 害羞草研究所渢ry to resolve the changes in his interactions with Westcoast.害羞草研究所

害羞草研究所淗e says he explained that addictions and depression are common among professionals, and that practicing yoga helped him recover from his prior addictions to alcohol and pornography and he was now nine-years sober,害羞草研究所 the reasons state.

Westcoast officials told the tribunal that Rutherford害羞草研究所檚 mental health 害羞草研究所渉ad nothing to do with any of its actions.害羞草研究所

害羞草研究所淩ather, the problem was that after the Coach declined to accept him as a client of her business, Mr. Rutherford began phoning, texting and emailing Westcoast staff at all hours, making staff and some clients uncomfortable. It says it asked Mr. Rutherford to stop but he did not.害羞草研究所

Westcoast 害羞草研究所渁sserts that the reason he was ultimately asked to practice yoga elsewhere was when he failed to 害羞草研究所榮top harassing us with emails and false accusations against teachers.害羞草研究所櫤π卟菅芯克鶟

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Tracy Holmes

About the Author: Tracy Holmes

Tracy Holmes has been a reporter with Peace Arch News since 1997.
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