The test for a BFOR
in the context of age discrimination was established in 1982 by the Supreme Court of Canada in Ontario v.
To determine whether a prima facie discriminatory standard is a BFOR
, an employer has to justify the impugned standard by establishing on a balance of probabilities that
Large was decided before Meiorin, supra note 46, which revised the legal test for establishing a BFOR
by requiring the employer to accommodate the complainant up to the point of undue hardship.
The Supreme Court of Canada in Meiorin expressly overruled its previous jurisprudence and abandoned the bifurcated approach whereby the BFOR
analysis had been relevant only to direct discrimination and the duty to accommodate had been relevant only to adverse effects discrimination.
An employer's BFOR
defense is not justified, however, merely by customer preferences, and particularly on pre-supposed customer preferences such as what you based your recruitment of senior citizen salon applicants.
Tire Solution West, a company recently formed by BFOR
, consists of a mobile 1,200-horsepower tyre shredder that will help customers manage the disposal of OTR tyres.
Thus, CNR was not able to rely on the BFOR
defence and the CHRT found that the Complainants had been discriminated against on the basis of family status.
Justice Anne Mactavish ruled that the Tribunal had acted unreasonably when it failed to acknowledge and analyze the evidence Air Canada had submitted to support its claim that an age limit of 60 for airline pilots is a BFOR
Thus, the Tribunal concluded that the respondents had not established that mandatory retirement was a BFOR
under the CHRA.
is an employment condition that discriminates on a prohibited ground, such as age, but is allowed because of the nature of the employment.
If discrimination is not excused by a BFOR
, an employer faces a legal duty to accommodate employees who, from the section 7 list of prohibited grounds, cannot otherwise fully participate at work.
the fire department had a BFOR
of a minimum height of 5 feet, 9 inches.