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There are cases where discrimination is justifiable, e.g., refusing to hire a blind person to drive a taxi cab. The legal term for a justifiable policy like this is Bona Fide Occupational Requirement (or BFOR). A new Interpretive Bulletin from the Alberta Human Rights Commission provides detailed guidance about what employers must do to prove an otherwise discriminatory policy is a BFOR, including checklists to consider in establishing new or continuing current policies that could be problematic.
Using BFOR to Defend Otherwise Discriminatory Employment Policies
- Model Questionnaire to determine if discriminatory policy is justifiable as BFOR
- BFOR & drug/alcohol testing