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| AUDIO
CONFERENCE
Bona
Fide Occupational Requirements
and the Duty to Accommodate |
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-
MODERATORS - |
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| Andrea
Gillis Gillis
& Associates
Employer
Counsel |
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| Kim
Turner
Pink
Breen Larkin
Union
Counsel |
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THE EXPERTS: |
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| Michael
Wagner
Employer
Counsel
Ogilvy Renault |
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| David
Wright
Union Counsel
Green & Chercover |
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| THE
ISSUES: | Some
of the questions addressed: What
is a Bona Fide Occupational Qualification and why is it important? How
is the BFOQ relevant to the duty to accommodate? When
is the BFOQ a defence to the prohibition against discrimination? Is a BFOQ a defence
in all jurisdictions? What are the elements of a BFOQ defence? Is
a BFOQ defence implicit in a collective agreement clause prohibiting discrimination
if the BFOQ defence is not spelled out? Can the parties eliminate the defence
by "contracting out" of it? If mandatory retirement is abolished, will
it survive for jobs for which age is a BFOQ? How
does a BFOQ defence apply to situations where there is alcohol or drug addiction?
Mental illness? Establishing
a BFOQ requires proof of undue hardship. What are the criteria for undue hardship?
What consideration should be given to the cost of accommodation, to the effect
on seniority and other collective agreement rights, and to health and safety concerns? Is
an employer required to explore possible accommodation measures if it is clear
that accommodation is not possible? - What
is the effect if an employee does not cooperate or accept reasonable accommodation?
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