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According to arbitrator, women have lower aerobic capacity that men and most women are incapable of increasing the aerobic capacity through training in order to meet the standards. The evidence adduced did not sufficiently demonstrate that prescribed aerobic capacity was…
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Human resources Procedures or changes that the consultant could have done to meet the Supreme Court test Introduction
According to arbitrator, women have lower aerobic capacity that men and most women are incapable of increasing the aerobic capacity through training in order to meet the standards. The evidence adduced did not sufficiently demonstrate that prescribed aerobic capacity was necessary for women to work as forest firefighter in an efficient and safety manner (Catano, 2010). The arbitrator established adverse discrimination and claimant was entitled to an appeal.
In view of the Supreme Court of Canada, the issues that arose if whether Ms Meiorin was improperly dismissed and whether aerobic standard unfairly discriminated women from firefighting jobs. A three-step test was established to determine whether Meiorin encountered direct discrimination or adverse effects of discrimination in her lay-off. The test is designed that determine if on balance of probabilities, prima facie discriminatory is a bona fide occupational requirement (Catano, 2010).
Three-step procedures
First, the arbitrator must have established that aerobic standard is rationally connected to job performance. In this case, the research conducted in establishing the aerobic standards were not substantive since they were descriptive and failed to distinguish between male subjects and female subject (Catano, 2010).
Second, the arbitrator should have established that the forest service established the aerobic standard in honest and good faith and was essential for the performance of the job. The government honesty in establishing the standard is not disputed since there was no intention to discriminate Ms Meiorin (Catano, 2010).
Third, the arbitrator should have established if the standard is reasonably necessary for the accomplishment of the work-related purposes. This means that it will be impossible to accommodate any individual employee sharing similar characteristics as Meiorin without imposing unnecessary hardship to the forest service (Catano, 2010). In this case, the arbitrator should have established that Meiorin posed significant safety risks to herself and the public. In Meiorin, it is clear that she could have performed her duties efficiently without posing significant risks to herself or the public even without meeting the aerobic standard 9 Catano, 2010).
Conclusion
The Supreme Court observed that individual testing of Ms Meiorin did not constitute discrimination, but the government had failed in establishing that the aerobic standard is a minimal requirement to efficiently perform the duties of a firefighter. Aerobic discrimination was a prima facie discrimination and Ms Meiorin was reinstated with all lost benefits.
Reference:
Catano, V.M. (2010). Recruitment and selection in Canada. Toronto: Nelson Education. Read More
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