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http://www.theglobeandmail.com/servlet/story/LAC.20061213.CABRIEFS13-2/TPStory/Business
Firefighters' fitness test ruled discriminatory
VIRGINIA GALT
A Canadian Forces fitness test that requires firefighters to complete a circuit of 10 activities in eight minutes is invalid because it discriminates against women and men over 50, an adjudicator has ruled in response to 329 grievances.
The employer failed to make the case that the ability to complete the circuit, which measures strength and speed, in eight minutes is "a bona fide occupational requirement," the Toronto-based labour law publication, Lancaster House, reports in its most recent human rights bulletin.
The circuit consisted of 10 firefighting-related tasks, to be completed while wearing full equipment: "one-arm hose carrying, ladder raise, charge hose drag, first ladder climb, high volume hose pull, forcible entry, victim drag, second ladder climb, ladder lower and victim carry," according to adjudicator Guy Giguère, who found that it takes women and older men longer to complete these tasks.
While the adjudicator agrees that firefighters must be fit, the test was ruled invalid because the employer did not make a compelling case that all tasks must be completed in eight minutes.
The "one-size-fits-all fitness test in not a bona fide occupational requirement," Lancaster House reports, and the Canadian Forces has been instructed to come up with a new standard.
Firefighters' fitness test ruled discriminatory
VIRGINIA GALT
A Canadian Forces fitness test that requires firefighters to complete a circuit of 10 activities in eight minutes is invalid because it discriminates against women and men over 50, an adjudicator has ruled in response to 329 grievances.
The employer failed to make the case that the ability to complete the circuit, which measures strength and speed, in eight minutes is "a bona fide occupational requirement," the Toronto-based labour law publication, Lancaster House, reports in its most recent human rights bulletin.
The circuit consisted of 10 firefighting-related tasks, to be completed while wearing full equipment: "one-arm hose carrying, ladder raise, charge hose drag, first ladder climb, high volume hose pull, forcible entry, victim drag, second ladder climb, ladder lower and victim carry," according to adjudicator Guy Giguère, who found that it takes women and older men longer to complete these tasks.
While the adjudicator agrees that firefighters must be fit, the test was ruled invalid because the employer did not make a compelling case that all tasks must be completed in eight minutes.
The "one-size-fits-all fitness test in not a bona fide occupational requirement," Lancaster House reports, and the Canadian Forces has been instructed to come up with a new standard.