Procedures or Changes that the Consultant Could Have Done to Meet the Supreme Court Test - Coursework Example

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 against 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 a 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's honesty in establishing the standard is not disputed since there was no intention to discriminate against Ms. Meiorin (Catano, 2010).

            Third, the arbitrator should have established if the standard is reasonably necessary for the accomplishment of work-related purposes. This means that it will be impossible to accommodate any individual employee sharing similar characteristics as Meiorin without imposing unnecessary hardship on 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

Aerobic discrimination was a prima facie discrimination and Ms. Meiorin was reinstated with all lost benefits.