Question
1. All firefighters are required to undergo physical tests. As part of their tests, they have to be able to drag a 185lb (84kg) mannequin
1. All firefighters are required to undergo physical tests. As part of their tests, they have to be able to drag a 185lb (84kg) mannequin through an obstacle course for a total distance of 30m. Men are much more likely to be successful in this test than women, meaning the test unintentionally discriminates against women.
a. Would a lawsuit against the British Columbia Professional Fire Fighters' Association be successful on the grounds that it violates BC's Human Rights Act? Why or why not?
b. Does your answer change if the test also includes running a marathon (42km) in under 5 hours?
2. Stanley is a full-time administrative assistant for the local government. His superiors describe him as punctual and hardworking. We will be looking at a number of situations that Stanley finds himself in. For each situation, discuss whether a) Stanley should be given notice or pay, and b) If yes, how much notice or pay?
i) The local government decided to reduce spending. Stanley lost his job as part of the budget cuts. He had been working four years.
ii) Stanley showed up late everyday for two weeks. His manager fired him after many infractions for being constantly tardy. He had been working two years.
iii) Stanley lost his job 4 weeks into being employed. His coworkers and superiors liked him personally, but his manager decided that Stanley was not a good fit for the position.
iv) Stanley was caught stealing office supplies and furniture. His manager fired him on the spot. He had been working ten years.
v) Stanley had been caught stealing office supplies and furniture. However, his manager forgave Stanley and continued his employment. For the next two months, Stanley's work performance was exemplary. Then, his manager had a change of heart and fired Stanley for the stolen furniture from two months prior. He had been working ten years.
vi) Stanley's work performance was exemplary. However, Stanley and his manager's relationship became strained because Stanley started dating that manager's daughter. In retaliation, Stanley's manager decided to change Stanley's job duties from that of an administrative assistant to building maintenance (janitorial work, lawn mowing, snow shovelling, etc.). Stanley decides to quit to search for a different job. He had been working one year.
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