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.
Not exact matches
The CTE program asserts that
occupational training from an early age is essential in order to prepare children for future job
requirements which will likely
require scientific literacy.
Information is not a bona fide
occupational requirement unless the position:
requires Federal Deposit Insurance Corporation clearance; is at a financial service institution;
requires United States security clearance; or
requires a fiduciary responsibility to the employer, including the authority to issue payments, collect debts, transfer money, or enter contracts.
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.
(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 bona fide
occupational requirement; and
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.
A bona fide
occupational requirement for a city bus driver would be that applicants are
required to have an appropriate drivers license.
Section 8.22 of the
Occupational Health and Safety Regulation now sets out a
requirement for all workers» footwear to be «of a design, construction, and material appropriate to the protection
required and that allows the worker to safely perform the worker's work» and precludes an employer from
requiring a worker to wear footwear that is contrary to this
requirement.
The Court adopted the two - step Johnstone test, which
requires that the complainant demonstrate a prima facie case of discrimination and then
requires the employer to prove that the rule, policy or practice at issue is a bona fide
occupational requirement.
All retail managers are
required to adhere to certain safety
requirements, according to the
Occupational Health and Safety Administration.