ADJUS-121 Lecture Notes - Lecture 24: Institute For Operations Research And The Management Sciences, Prima Facie, Wildfire Suppression
26 Oct 2020
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Document Summary
Three important human rights cases cont"d: bc (pserc) v. bcgseu ( meiorin ) scc 1999. Meiorin established the current test for the duty to accommodate (d2a) Accommodations required are more complex and individually-tailored. Tammy meiorin bc forest firefighter, 1992. Passed 3 parts of the test, but failed running for time in full firefighting gear. Aerobics test did not distinguish between male and female firefighters. 2/3s of men passed; only 1/3 of women passed. Scc in meiorin created new 3-step accommodation test to assess policies, practices, agreements for compliance with hr law: Employers (& unions) must make every reasonable effort. To accommodate an employee who falls under a protected human rights ground of discrimination. Aerobics standard was prima facie discriminatory (significant that women failed the test in much higher numbers) Bc government could not prove that present test was reasonably necessary to accomplish safety purpose.
