Sentences with phrase «occupational requirement»

The exemption allows an employer to advertise a post as being open only to people with a particular protected characteristic, where this is a genuine occupational requirement.

This post will consider the difference in the interpretation of «genuine and determining occupational requirements».

Direct discrimination is harder to justify than indirect: it would have to be a genuine occupational requirement.

This enables employers to successfully argue that it is a bona fide occupational requirement for safety sensitive positions.

The European Employment Directive only allows employers to discriminate against employees on the basis of religion where there is «a genuine, legitimate and justified occupational requirement» (GOR) that the employee shares the faith of the school.

The Bona Fide Occupational Requirement Guidelines embody some aspects of the shifting onus in a legal form, requiring the employers to establish certain facts in order to rely on this exemption.

McFadden concluded, «It remains to be seen how the amendments to the Code and CHRA work in practice, particularly where an employee exercises the right not to undergo testing in circumstances where an employer can establish that requiring information about one's genetic characteristics is subject to a bona fide occupational requirement defence.

Where an employer refuses an employment opportunity to a handicapped person and the refusal is based on a bona fide occupational requirement related to the predicted future work abilities of that person, the employer shall establish that

A bona fide occupational requirement requires proof of (a) a standard for a purpose or goal rationally connected to the function being performed, (b) that the Society adopted the standard in good faith, as necessary to the fulfilment of the purpose or goal, and (c) the standard is reasonably necessary to accomplish its purpose or goals.

The Society established a bona fide occupational requirement by which it suspended the member in 2006, but failed to establish it would have suffered undue hardship had it not issued the 2006 Notice of Inquiry and accepted the member's undertaking.

A company could not refuse to employ somebody because they were not a catholic and everyone else who worked for the company was a catholic — except where there was a genuine occupational requirement such as being a catholic priest.

News Corporation, 21st Century Fox and American Express on their UK and European occupational requirements.

However, the Court found that there is no separate procedural duty to accommodate under the Act that can give rise to remedies where the employer can show undue hardship, and more specifically where the employer can meet the bona fide occupational requirement test set out in Meiorin (British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 S.C.R. 3):

Employers recruiting in NSW must also be able to show that a targeted recruitment strategy meets the requirements of a special measure (set out in section 2 of this guideline), even if they are granted an exemption from the Anti-Discrimination Act 1977 (NSW) to conduct the program (or can rely on the genuine occupational requirements provision).

The European Employment Directive only allows employers to discriminate against employees on the basis of religion where there is «a genuine, legitimate and justified occupational requirement» (GOR) that the employee shares the faith of the school.

At first glance, the idea that absence of religious clothing could be a genuine occupational requirement for an engineer is rather surreal, and so it is not surprising that the Court said that it could not.

«There is clearly no «genuine occupational requirement» that any of these individuals are religious, but UK law allows discrimination in this way.

This self - declared «gender identity» would then be a legally protected characteristic and it would be prohibited to discriminate against you on the basis of it, even in cases where provision of women - only services is a proportionate means of achieving a legitimate aim, and even where there is a genuine occupational requirement to employ a woman.

European Council Directive 2000 / 78 / EC, which established «a general framework for equal treatment in employment and occupation», sets out in Article 4.2 that organisations with an ethos based on religion or belief, such as «faith» schools, can treat persons differently in recruitment and employment on the grounds of religion or belief where there is «a genuine, legitimate and justified occupational requirement».

Its own Equality Act advice for schools says «Voluntary - aided schools may apply religious criteria when recruiting or dismissing any member of their teaching staff... Religious criteria may not be applied to any other posts in a VA school unless there is a genuine occupational requirement.»

This is regardless of whether there is «a genuine, legitimate and justified occupational requirement».

Against a backdrop as complex and shifting as this, UK companies may need to establish a clothing policy which is consistent, practical and easy to defend on the basis of it being a proportionate and legitimate means of achieving a legitimate business aim or a genuine occupational requirement.

The emphasis on merit over diversity in the report seems valid for obvious reasons (e.g. bona fide occupational requirement for being a top judge)-- but it doesn't hurt to deconstruct «merit» as a term, at least a little.

The ECJ found that Ms Bougnaoui had been discriminated against, and that the concerns (not to say prejudices) of an individual client did not represent a genuine occupational requirement, such as a health and safety concern regarding the headscarf in question.

The French court asked simply whether a customer's desire to have IT services provided by someone who did not wear a headscarf could mean that not wearing it was a genuine and determining occupational requirement.

Really, the question was whether the ability to satisfy the cultural expectations and prejudices of customers should be seen as a genuine occupational requirement — as part of the job.

Where an employer finds that he or she can not make reasonable accommodation in order to offer an employment opportunity to a handicapped person and before he or she refuses such employment opportunity based on a bona fide occupational requirement, the employer shall support his or her findings based on evidence that

Note: The Bona Fide Occupational Requirement Guidelines, brought into effect in January 1982, make the extent of this exemption for employers very clear and provide a legal standard for interpretation of that part of the Act.

Where an employer finds that the performance of a job by a handicapped person would create a safety hazard to his or her employees or to the general public and before he or she refuses an employment opportunity based on a bona fide occupational requirement, the employer shall support his or her findings by establishing that the safety hazard has been evaluated on the basis of

For the purposes of paragraph 14 (a) of the Act, where an employer refuses an employment opportunity to a handicapped person, since the person's handicap would create a safety hazard, the refusal is deemed to be based on a bona fide occupational requirement.

(a) the requirement that the handicapped person pass tests that would not be required of him if he or she were not a handicapped person is not a bona fide occupational requirement; and

For the purposes of paragraph 14 (a) of the Act, the following employment practices are not based on a bona fide occupational requirement:

Where an employer finds that he or she can not make reasonable accommodation in order to offer an employment opportunity to a person on the basis of that person's religion the employer shall, before he or she refuses such employment opportunity based on a bona fide occupational requirement, support his or her findings based on evidence that to make an accommodation would impose an undue hardship involving either financial cost or business inconvenience to the employer.

Where an employer finds that he or she can not make reasonable accommodation in order to offer an employment opportunity to a handicapped persons and before he or she refuses such employment opportunity based on bona fide occupational requirement, the employer shall support his or her findings based on the evidence that

Bona Fide Requirements: «Bone Fide Occupational Requirements» means the essential education, skill or experience that is needed to do a job.