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Thread: Employment application

  1. #31
    Newbie
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    Aug 2012
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    Ottawa
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    Constructive discrimination

    11. (1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where,

    (a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or

    Companies are allowed to discriminate if a factor is reasonable and bona fide in the circumstances,

    a bona fide occupational requirement. This means that the rule establishes a requirement that is necessary for proper or efficient performance of a job.

    However, if a rule is a legitimate qualification for doing a job - a BFOR - then it will be upheld. For a rule to qualify as a BFOR, it must be:

    made honestly, in good faith, and in the sincere belief that it is made in the interests of effectiveness, safety, and productivity
    objectively reasonable. In other words, it must have a sensible connection to the ability of an employee to do the job.


    Safety being a keyword in there. Businesses are allowed to discriminate in this case since its a safety issue and reasonable for the position. It wouldn't be hard to argue in court that it's reasonable that you wouldn't want someone with mental or physical issues for safety reasons. Physical can be argued if there handicap affects reaction time and or handling of firearms. Mentally, well thats a given.

  2. #32
    CGN frequent flyer sigrunes's Avatar
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    Aug 2012
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    Northern Alberta
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    Hey wolfchild, I'm totally relaxed thanks. Just figured I was entitled to my opinion like you and everyone else on here, I like to come on here and read and learn about firearms and what's new in the firearms world not to bicker. I prefer to make friends and didnt intend to be rude to flashman, if it sounded that way. Finally I don't talk tough behind a keyboard like some, I prefer to do that in person like a man. Peace out.

  3. #33
    CGN Regular
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    Oct 2012
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    Ontario
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    All that would be needed is a simple rewording of the question being asked..."Signing below confirms that I am eligible to obtain and maintain in good standing, an RPAL according to the RCMP/FA/CFO" (whoever decides the requirements). A notice that upon a conditional offer being tendered, a mental health evaluation will be required, this would help screen out those in question from applying without violating their rights as it would be their decision to apply and chance it or not. That's why job descriptions ask that you can "stand for long periods at a time", ie: no wheelchairs or "must be able to lift over 50lbs", ie: nobody missing an arm

    It's kind of like the AR15 being restricted, while it makes sense that it should be NR, the current law says it is restricted. Ignoring that law and treating it as though it is NR and taking it into the bush will not change the laws, it will only create trouble for those attempting it.

    While it may make sense that this question should be a part of the application process for an RO, the law states that it is discriminatory and a violation of basic human rights, therefore it cannot be asked. Ignoring the law and asking it anyway will not create a grey area that an enforcement agent and decide if it makes sense or not...they will have no choice but to start an inquiry, which as already started will cause unnecessary financial fallout to the employer in question and the taxpayer on behalf of the applicant.

    Whether it's right or wrong is irrelevant at this point in time, the law has decreed it a violation of human rights and it should be addressed by the company before they find out the hard way

  4. #34
    Administrator
    Join Date
    May 2011
    Posts
    1,111
    This is a business forum for advertising and product inquiry. Issue like this should be sent to the vendor by private message.

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