British Columbia v. BCGSEU Flashcards
What happened in 1992?
Tawney Meiorin was hired by the Province of British Columbia to fight forest fires.
For two years she did what?
Worked satisfactorily in her job
What happened when the government adopted a series of tests that set minimum fitness standards for firefighters?
Meiorin failed to meet the aerobic standard test.
What did the test require?
Firefighters to run 2.4 km in 11 minutes.
What happened to Meiorin?
Made 4 attempts but missed the minimum standard by 49.4 seconds
Why was she dismissed?
For failing to meet the required fitness standard.
What happened after Meiorin filed a grievance?
An arbitrator found that Meiorin had established a prima facie case of adverse-effect discrimination.
Why did the arbitrator find this?
The aerobic standard had a disprorportionate negative affect on women as a group.
What did the arbitrator accept?
Evidence of physiological differences between men and women.
What was the particular physiological difference?
- Most women have lower aerobic capacity than men
- Even extra training would not enable Meiorin to meet the aerobic standard.
What did the government not provide?
Any credible evidence to indicate that the particular aerobic standard was required for a firefighter to carry out his or her job safely + efficiently.
What was the government unable to establish?
That the test was a bona fide occupational requirement or show that it had accommodated Meiroin to the point of undue hardship
What did the arbitrator make an order to?
Reinstate Meiorin and directed that she receive compensation for lost wages and benefits.
Where was the case appealed to?
The Court of Appeal for British Columbia
What happened to the arbitrator’s decision?
Overturned
