The Canadian Human Rights Act refers to prohibited grounds of discrimination, including race,
ethnic origin, religion, age, marital status, family status, and sexual orientation. In employment,
discrimination refers to any refusal to employ or to continue to employ any person, or to
adversely affect any current employee, on the basis of that individual’s membership in a
protected group. The Meiorin court decision resulted in legislation allowing employers to defend
a discriminatory policy or practice as a BFOR only if there is a good reason for it based on the
employer’s need to “engage and retain efficient employees.”
This may be a violation of the Code, if it could be objectively shown that Chantal did not satisfy
a bona fide occupational requirement that she be understood by customers. However, we all have
