BONA FIDE OCCUPATIONAL REQUIREMENTS

Bona fide occupational requirements (BFOR) are job-related requirements that an employer can set for a particular job, which may otherwise be considered discriminatory. The requirements must be necessary for the proper functioning of the job and have no reasonable alternative. Under the Human Rights Code of Ontario, employers have a responsibility to make every reasonable effort to accommodate employees with disabilities or other protected characteristics. However, in certain situations, an employer may argue that accommodating an employee would cause undue hardship and therefore not be required.

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One recent example of a BFOR case in Ontario involved a woman who worked as a firefighter in Hamilton. The woman had epilepsy and was dismissed from her job after having a seizure while on duty. She argued that her dismissal was discriminatory and that the city had failed to accommodate her disability. The city, on the other hand, argued that being a firefighter required a certain level of physical fitness and the ability to perform certain duties quickly and effectively. They claimed that the risk of a seizure could put both the firefighter and the public in danger.

The court ultimately found that the city's decision to dismiss the woman was based on a BFOR. They recognized that the safety of the public and fellow firefighters was of utmost importance in this job and that accommodating the woman would have caused undue hardship to the city.

In essence, BFORs allow employers to impose job requirements that would otherwise be considered discriminatory, as long as they are necessary for the job and there are no reasonable alternatives. It is important for employers to demonstrate that the requirement is necessary, based on evidence, and not on stereotypes or assumptions. While employers have a responsibility to accommodate employees to the point of undue hardship, there may be situations where certain job requirements are essential for the proper functioning of the job.