COMM 393 Lecture Notes - Artificiality, Harvard Step Test, The Employer
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Arbitrator found that the claimant had established a prima facie case of adverse effect discrimination and that the government had not discharged its burden of showing that it had accommodated the claimant to the point of undue hardship. The court of appeal reversed this decision. The supreme court of canada allowed an appeal and restored the arbitrator"s decision. Ms. meiorin is entitled to return to her former position and her compensation to lost wages and benefits. 1992, claimant tawney meiorin was employed by british columbia ministry of. She was a member of a three-person initial. She performed her job well for 3 years; in 1994, asked to take the fitness test that had 4 components; known as the. Bona fide occupational fitness tests and standards for b. c. Wildland firefighters. she passed first 3 but failed the fourth test four times and was dismissed. The fourth component is an aerobic test; she took 49 seconds longer than required.
