Business Law
-Bona Fide Occupational Requirement: is a genuine requirement for a job, such as, for example, the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason.
Bona Fide occupational requirement can be rejected if a male does not have the care, attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women not getting hired because she cannot lift heavy equipment. Or that it is too dangerous to leave women alone in the night.
Wearing a RCMP traditional hat is not a bona fide occupational requirement.
An employer may claim that a bona fide occupational requirement is necessary because of business profitability or safety to the public. When public safety is involved, a court is more likely to find that the BFOR exists. Example firefighters have to retire at the age of 60.
Hardhat> turban
-Ultra Vires: When a matter is outside a government-designated power.
-A person can discriminate in ways that are not prohibited under the human rights legislation. For example: a landlord can refuse a tenant because their inability to pay rent. Or a employer can refuse to hire someone due to poor reference.
-An employer cannot ask you certain questions during an interview because of discrimination they may ask you questions after you have been hired though for employment records such as age marital status some other additional question may be asked because of BFOR.
-Systematic discrimination: discrimination that is the consequence of a policy whether the effect of discrimination was affected or not.
-The duty to provide an environment that avoids discrimination because of disability should involve a combination of factors, including:
Accessible premises
Adaptive technology
Support services (a person to read to a visually impaired employee)
Job restructuring to shift
Bona Fide occupational requirement can be rejected if a male does not have the care, attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women not getting hired because she cannot lift heavy equipment. Or that it is too dangerous to leave women alone in the night.
Wearing a RCMP traditional hat is not a bona fide occupational requirement.
An employer may claim that a bona fide occupational requirement is necessary because of business profitability or safety to the public. When public safety is involved, a court is more likely to find that the BFOR exists. Example firefighters have to retire at the age of 60.
Hardhat> turban
-Ultra Vires: When a matter is outside a government-designated power.
-A person can discriminate in ways that are not prohibited under the human rights legislation. For example: a landlord can refuse a tenant because their inability to pay rent. Or a employer can refuse to hire someone due to poor reference.
-An employer cannot ask you certain questions during an interview because of discrimination they may ask you questions after you have been hired though for employment records such as age marital status some other additional question may be asked because of BFOR.
-Systematic discrimination: discrimination that is the consequence of a policy whether the effect of discrimination was affected or not.
-The duty to provide an environment that avoids discrimination because of disability should involve a combination of factors, including:
Accessible premises
Adaptive technology
Support services (a person to read to a visually impaired employee)
Job restructuring to shift