LAW 529 Lecture Notes - Lecture 5: Essex Police, Child Care, Breathalyzer
5 Mar 2018
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S. 11(2) not reasonable or bona fide unless er cannot accommodate without undue. Scc to determine if discriminatory rule is justified, same analysis applies for both direct or constructive. To prevent discrimination, employers should incorporate these considerations at the outset, when creating and designing jobs and rules. More appropriate than setting blanket rules and making exceptions on ad hoc basis. Inclusive design incorporate accommodation of differences from beginning in setting rules/standards. Employee was a firefighter, er was bc govt. Govt implemented new policy that all firefighters had to pass fitness tests designed by u vic researchers. One component: run 2. 5 km in 11 minutes. Requirement screened out more women than men (result) Design of rule: er looked to the already existing firefighter workforce set aerobic standards based on their capacities. Perceived norm of male workforce not objectively justified as uniform standard. General principle employer must design workplace rules, standards, etc. to accommodate needs of specific protected groups (ie. prohibited grounds)
