SMO415 Lecture Notes - Lecture 7: Learning Disability, No Alternative, Job Performance

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Bona fide occupational requirement: rationally connected to job performance = i. e. high school diploma for janitor is not connected to job performance. Assess job requirements thoroughly prior to selection process: set in good faith, necessary for the safe or efficient accomplishment of the job, no alternative is possible. Working conditions: no wheel chair ramp, saturday shifts required, no women"s washroom. Must accommodate unless there is undue hardship. Woman had a new baby and the employer wanted the employee one night shift per week on top of the day shift. Issue of not being able to take care of child arose, so she said she would not work evening shifts. Employee was the only one who could do electrolysis and brazilian waxing. Attempts to hire someone to fill in failed (hard to find someone with this specialized abilities). There was clear evidence of lost clients. This was considered undue hardship for the employer (small business).

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