Dr. Paterson

The applicant, a 64-year-old man, received a conditional offer of employment as a part-time arena attendant from the respondent City.

The offer was withdrawn after he failed a pre-employment physical test administered by the respondent Proactive.

The test was terminated because the applicant's heart rate exceeded the maximum allowable rate calculated using the Fox and Haskell formula, which sets lower maximums for older individuals.

The Tribunal found that the heart rate standard was prima facie discriminatory on the basis of age.

Applying the Meiorin test, the Tribunal held that while the standard was adopted in good faith for safety reasons, the respondents failed to prove it was reasonably necessary.

Expert evidence showed that using a maximal heart rate criterion to terminate a strength test is not supported by scientific literature and that the risk of a cardiac event was not substantiated.

The respondents also failed to accommodate the applicant.

The Tribunal awarded $10,000 for injury to dignity, lost wages, and ordered the City to conditionally place the applicant in the job.