Sentences with phrase «occupational requirement such»

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.

Not exact matches

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».

Bearing this in mind, section 60 (5)(a) could and would, if necessary, be construed and applied by a court or tribunal as permitting preferential decisions on grounds of religious belief, only to the extent that such decisions were consistent with genuine, legitimate and justified occupational requirements.»

As an Affirmative Action and Equal Opportunity Employer, Wake Forest Baptist Medical Center and its affiliates administer all educational and employment activities without discrimination or based on any protected characteristics such as race, sex, age, religion, national origin, disability, sexual orientation, gender identity or Veteran status (except where sex is a bona fide occupational qualification or a statutory requirement) in accordance with all local, state, national laws, Executive Order 11246, Executive Order 13496, the Vietnam Era Veterans» Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4214 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 7903), regulations, and guidelines.

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.

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 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 the evidence that

Where an employer refuses an employment opportunity to a handicapped person on the basis that the person's physical handicap could, as a result of the performance of the job and whether or not reasonable accommodation is made, cause an unreasonable risk to himself or herself, and before he or she refuses such employment opportunity based on a bona fide occupational requirement, the employer shall show that the exposure of the person to the risk would likely result in the disruption of the employer's business.

For this reason, where a church or religious body asserts, because of its ethos, that religious belief constitutes a genuine occupational requirement for employment, it must at least «be possible for such an assertion to be the subject, if need be, of effective judicial review by which it can be ensured that the criteria set out in Article 4 (2) of that directive are satisfied in the particular case.»

Although Faskens» mandatory retirement policy clearly established a prima facie case of age discrimination, the Supreme Court of Canada could have then examined whether it was justified for other reasons — either some sort of estoppel given that McCormick had benefited for years from the arrangement of forcing other partners to retire, or statutory exceptions such as a bona fide occupational requirement.

[§ 66] Last but not least, an occupational requirement must be «justified», in the sense that «the church or organisation imposing the requirement is obliged to show, in the light of the factual circumstances of the case, that the supposed risk of causing harm to its ethos or to its right of autonomy is probable and substantial, so that imposing such a requirement is indeed necessary.»

In defining undue hardship, Ontario's code directs employers to consider factors such as cost, outside sources of funding and occupational health and safety requirements.

This states that differences in treatment based on religion can be justified where «by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement proportionate.»

Such discrimination will not be in violation of the Code if the employer can prove that the prohibited ground for discrimination is a genuine occupational requirement, and that failure to meet such a requirement can not be reasonably accommodaSuch discrimination will not be in violation of the Code if the employer can prove that the prohibited ground for discrimination is a genuine occupational requirement, and that failure to meet such a requirement can not be reasonably accommodasuch a requirement can not be reasonably accommodated.

Notwithstanding Article 2 (1) and (2), Member States may provide that a difference of treatment which is based on a characteristic related to any of the grounds referred to in Article 1 shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

Thirdly, you could also search an occupational database such as O * Net (www.onetonline.org) that will provide data on the tasks, responsibilities and requirements for a huge range of jobs.