Podcast
Questions and Answers
What does an employer risk if employees are not competent to do their jobs?
What does an employer risk if employees are not competent to do their jobs?
- Increased productivity
- Reduction in training costs
- Criminal negligence charges (correct)
- Higher employee satisfaction
Which test is NOT included in the fitness screening for initial attack forest fire applicants?
Which test is NOT included in the fitness screening for initial attack forest fire applicants?
- Upright Row
- Vision Test (correct)
- Job Simulation Test
- Aerobic Fitness Test
What is the minimum visual acuity required for structural firefighters?
What is the minimum visual acuity required for structural firefighters?
- 20/20
- 20/40
- 20/30 (correct)
- 20/50
Which of the following is a component of the aerobic fitness test for forest fire applicants?
Which of the following is a component of the aerobic fitness test for forest fire applicants?
What aspect of health is NOT screened for structural firefighters?
What aspect of health is NOT screened for structural firefighters?
What was the reason for Tawney Meiorin's dismissal from her job as a firefighter?
What was the reason for Tawney Meiorin's dismissal from her job as a firefighter?
What specific fitness test did Tawney Meiorin fail?
What specific fitness test did Tawney Meiorin fail?
Which code did Tawney Meiorin claim was violated due to discrimination?
Which code did Tawney Meiorin claim was violated due to discrimination?
What argument did the Government of British Columbia present regarding the aerobic standard?
What argument did the Government of British Columbia present regarding the aerobic standard?
How long had Tawney Meiorin worked as a firefighter before her dismissal?
How long had Tawney Meiorin worked as a firefighter before her dismissal?
What was a key reason for Tawney Meiorin’s claim of unfairness regarding the fitness test?
What was a key reason for Tawney Meiorin’s claim of unfairness regarding the fitness test?
What did Tawney Meiorin's performance evaluations by her employers indicate?
What did Tawney Meiorin's performance evaluations by her employers indicate?
In the context of the Meiorin Decision, what does BFOR stand for?
In the context of the Meiorin Decision, what does BFOR stand for?
What is a Bona Fide Occupational Requirement (BFOR)?
What is a Bona Fide Occupational Requirement (BFOR)?
In which of the following scenarios would a BFOR likely apply?
In which of the following scenarios would a BFOR likely apply?
What distinguishes a BFOR from common job requirements?
What distinguishes a BFOR from common job requirements?
Which situation would NOT constitute a BFOR?
Which situation would NOT constitute a BFOR?
How can non-physical BFORs occur in the workplace?
How can non-physical BFORs occur in the workplace?
Which of the following is NOT a characteristic of BFORs?
Which of the following is NOT a characteristic of BFORs?
What is a possible justification for a BFOR in a physically demanding job?
What is a possible justification for a BFOR in a physically demanding job?
Which of the following examples best illustrates a scenario where BFOR applies?
Which of the following examples best illustrates a scenario where BFOR applies?
What is required for a standard to be considered a bona fide occupational requirement (BFOR)?
What is required for a standard to be considered a bona fide occupational requirement (BFOR)?
Which of the following must an employer demonstrate to justify a BFOR?
Which of the following must an employer demonstrate to justify a BFOR?
In the context of BFOR, what is meant by 'undue hardship'?
In the context of BFOR, what is meant by 'undue hardship'?
Why might the military claim 'undue hardship' in the case of short individuals in unadjustable seats?
Why might the military claim 'undue hardship' in the case of short individuals in unadjustable seats?
Which statement about applying a BFOR is NOT correct?
Which statement about applying a BFOR is NOT correct?
What did the Supreme Court determine about the aerobic standard in relation to BFOR?
What did the Supreme Court determine about the aerobic standard in relation to BFOR?
Which of the following is NOT one of the criteria to determine if something is a BFOR?
Which of the following is NOT one of the criteria to determine if something is a BFOR?
Which organization contributed to the establishment of the criteria for BFOR after the Meiorin decision?
Which organization contributed to the establishment of the criteria for BFOR after the Meiorin decision?
What should be included in a comprehensive job review for determining BFOR?
What should be included in a comprehensive job review for determining BFOR?
What is the purpose of ranking tasks in a comprehensive job review?
What is the purpose of ranking tasks in a comprehensive job review?
In physically demanding jobs, training materials should focus on what aspect according to the BFOR criteria?
In physically demanding jobs, training materials should focus on what aspect according to the BFOR criteria?
What is a key factor in determining if a job requirement can be considered a BFOR?
What is a key factor in determining if a job requirement can be considered a BFOR?
How does the Supreme Court view arbitrary standards like the aerobic standard in relation to determining BFOR?
How does the Supreme Court view arbitrary standards like the aerobic standard in relation to determining BFOR?
What is required to ensure a reliable test score on Day 2 after an initial test?
What is required to ensure a reliable test score on Day 2 after an initial test?
How is content validity established for a physical test?
How is content validity established for a physical test?
What is the maximum allowable adverse impact for a subgroup's pass rate compared to the majority group?
What is the maximum allowable adverse impact for a subgroup's pass rate compared to the majority group?
What should the standard of unacceptability be set at according to the proposed assessment protocol?
What should the standard of unacceptability be set at according to the proposed assessment protocol?
What is the first step in developing a standardized assessment protocol?
What is the first step in developing a standardized assessment protocol?
What does test-retest reliability measure?
What does test-retest reliability measure?
Which of the following best describes the purpose of implementing a screening protocol?
Which of the following best describes the purpose of implementing a screening protocol?
In the context of passing and failing rates, what does evaluating the pass/fail rate entail?
In the context of passing and failing rates, what does evaluating the pass/fail rate entail?
Flashcards
BFOR - Bona Fide Occupational Requirement
BFOR - Bona Fide Occupational Requirement
A Bona Fide Occupational Requirement (BFOR) is a necessary qualification for a job that is directly related to the safe and efficient performance of the job.
BFOR and Discrimination
BFOR and Discrimination
BFORs are often used to justify requirements that may seem discriminatory, such as physical fitness standards or mandatory certifications, when these requirements are essential for the safety of the employee or others.
BFOR - Legitimacy and Necessity
BFOR - Legitimacy and Necessity
A key aspect of BFOR is that it must be a legitimate and necessary requirement, not just a preference or a convenience.
BFOR and Physically Demanding Jobs
BFOR and Physically Demanding Jobs
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BFOR and Reasonable Accommodation
BFOR and Reasonable Accommodation
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BFOR - Beyond Physical Requirements
BFOR - Beyond Physical Requirements
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BFOR - Objective Evidence and Reasoning
BFOR - Objective Evidence and Reasoning
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BFOR - Consult Legal Advice
BFOR - Consult Legal Advice
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
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Standard must be adopted in good faith
Standard must be adopted in good faith
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Standard must be reasonably necessary
Standard must be reasonably necessary
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Undue Hardship
Undue Hardship
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Employer must demonstrate impossibility of accommodation
Employer must demonstrate impossibility of accommodation
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What is a BFOR (Bona Fide Occupational Requirement)?
What is a BFOR (Bona Fide Occupational Requirement)?
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What is the Meiorin decision?
What is the Meiorin decision?
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What is the 'necessity' element of BFOR?
What is the 'necessity' element of BFOR?
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What is the 'reasonable accommodation' aspect of BFOR?
What is the 'reasonable accommodation' aspect of BFOR?
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BFOR and Discrimination: How do they relate?
BFOR and Discrimination: How do they relate?
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Do BFORs only apply to physical requirements?
Do BFORs only apply to physical requirements?
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What evidence is needed to support a BFOR?
What evidence is needed to support a BFOR?
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Is there a 'least discriminatory' way to apply BFORs?
Is there a 'least discriminatory' way to apply BFORs?
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What is a BFOR?
What is a BFOR?
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What did the Supreme Court say about BFOR and fitness standards?
What did the Supreme Court say about BFOR and fitness standards?
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What is the National Consensus Forum?
What is the National Consensus Forum?
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What criteria did the National Consensus Forum establish for physically demanding jobs?
What criteria did the National Consensus Forum establish for physically demanding jobs?
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What is the first criterion for a physically demanding job's BFOR?
What is the first criterion for a physically demanding job's BFOR?
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What is the second criterion for a physically demanding job's BFOR?
What is the second criterion for a physically demanding job's BFOR?
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What is the third criterion for a physically demanding job's BFOR?
What is the third criterion for a physically demanding job's BFOR?
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What is the fourth criterion for a physically demanding job's BFOR?
What is the fourth criterion for a physically demanding job's BFOR?
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Test-Retest Reliability
Test-Retest Reliability
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Content Validity
Content Validity
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Standardized Assessment Protocol
Standardized Assessment Protocol
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Administer to Incumbents
Administer to Incumbents
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Pass/Fail Rate
Pass/Fail Rate
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Adverse Impact
Adverse Impact
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Standards of Acceptability
Standards of Acceptability
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Screening Protocol
Screening Protocol
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Due Diligence in Employment
Due Diligence in Employment
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Criminal Negligence in Employment
Criminal Negligence in Employment
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Forest Fire Applicant Fitness Test
Forest Fire Applicant Fitness Test
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Job Simulation Test for Firefighters
Job Simulation Test for Firefighters
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Occupation-Specific Screening for Firefighters
Occupation-Specific Screening for Firefighters
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Study Notes
Bona Fide Occupational Requirements (BFOR)
- BFORs apply to physically demanding jobs where failure to perform or ineffective job performance can lead to loss of life or property.
- Examples include Amazon workers needing sufficient physical strength to carry packages or firefighters needing the physical ability & fitness to rescue people from burning buildings.
Is it a BFOR?
- Criteria for determining if a standard is a valid BFOR:
- The standard must directly relate to job performance (rationally connected to the job).
- The employer must have adopted the standard in good faith and believe its necessary for the job.
- The standard must be reasonably necessary for the job (accomplishing the work-related purpose)- can't be accommodated without hardship for the employer.
- Examples are military vehicles with non-adjustable seats and job requirements for firefighters and police officers.
Does it Require BFOR?
- Yes, if the job results in loss of property or life.
1999 - The Meiorin Decision (Supreme Court of Canada)
- Tawney Meiorin, a firefighter, was dismissed for failing a fitness test.
- Meiorin argued the fitness test discriminated against women.
- The Supreme Court ruled that the aerobic test was not a valid BFOR for the firefighter position as it wasn’t related to the essential functions of the job.
The National Consensus Forum
- Created in response to the Meiorin decision.
- Aimed to develop criteria for determining what constitutes a BFOR for physically demanding jobs.
BFOR for Physically Demanding Jobs
- Criteria for establishing a valid BFOR:
- Is job completion critical for life/property protection?
- Job Familiarization (Training, manuals, resources).
- Comprehensive job review (Physical demands analysis).
- Cataloguing all essential tasks (rank-ordered by importance).
- Physical and physiological characterization (Weights, forces, environment, apparel).
- Identify representative sample of workers and critical tasks to identify necessary physical demands.
Develop Test Protocol
- Develop test protocols based on representative tasks
- Conduct pilot tests to gather expert feedback for protocol refinement
- Assess reliability & validity of tests
Scientific Check
- Test-retest reliability (repeatable)
- Content validity (accurate measures of the job-related skills).
- Physical/physiological (likeness between test and tasks).
Standardized Assessment
- Establish standardized protocols based on performance times of experienced workers.
- Administer test to incumbents.
- Evaluate pass/fail rate.
- Examine adverse impact (pass rate of sub-groups should be 80% or higher).
Standards of Acceptability
- Standard performance times are incumbents' mean performance times + one standard deviation.
- Implement screening protocols
- Ongoing review and revision.
Due Diligence for Reasonable Accommodation
- Employers must take steps to prevent disadvantages resulting from practices impacting people with disabilities.
- Two exceptions to the employer's duty to accommodate:
- Bona Fide Occupational Requirement (BFOR) - An essential task or objective for the job; job descriptions reviewed for essentials.
- Undo hardship- Accommodations causing excessive hardship on the employer in terms of health, safety, or cost.
Criminal Code of Canada, 2004
- Supervisors & management are subject to criminal negligence charges if they fail to take reasonable measures to ensure the bodily safety of those performing "work or tasks".
Fitness Screening Test(Initial Attack Forest Fire Applicants).
- Pre-Participation Screening (PAR-Q, Blood Pressure, Informed Consent)
- Aerobic Fitness Test (20m shuttle run)
- Upright Row
- Job Simulation Test (pump carry, hose pack carry, hose extend)
Occupational Specific Screening for Structural Firefighters
- Vision, Hearing & Pulmonary Function.
- Visual acuity (20/30)
- Colour vision (City Universal Test)
- Normal depth perception
- Normal hearing
- Normal lung function
- Health/Performance Fitness.
- Aerobic Fitness (Treadmill)
Job Simulation Performance Tests (Structural Firefighters)
- Untimed (Acrophobia, Claustrophobia, Ladder Lift)
- Timed (Hose Carry/Stair Climb, Rope Pull, Simulated Hose Advance, Sled Drag, Victim Drag, Forced Entry)
Fitness Test for Correctional Officer Applicants
- Pre-participation Screening (PAR-Q, Blood Pressure, Informed Consent)
- Cell Search (maximum time 2 minutes)
- Emergency Response Circuit (Response - 60m, Body Control Simulator, Arm Restraint Simulator, Inmate Relocation)
- Aerobic Fitness Test (20m shuttle run)
Police Requirements Fit to Serve
- Four tests for employment eligibility
- Aptitude test
- Written communications test
- Medical/Physical skills & abilities test (vision)
- Video simulation test
- Physical Readiness Evaluation (PREP)
- PAR-Q, informed consent, pursuit/restraint circuit, aerobic shuttle run.
Aging and Safe Effective Job Requirements
- Job requirements for strength should be maintained across the lifespan regardless of age.
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