The claimant, a female forest firefighter, was dismissed after failing a newly implemented aerobic fitness test.
The test had a disproportionately negative effect on women.
The arbitrator found adverse effect discrimination and reinstated her, but the Court of Appeal overturned this decision.
The Supreme Court of Canada allowed the appeal, replacing the conventional bifurcated approach to discrimination with a unified three-step test for bona fide occupational requirements (BFOR).
The Court found the government failed to establish that the aerobic standard was reasonably necessary to identify those able to perform the job safely and efficiently, and failed to show it could not accommodate the claimant without undue hardship.
