The ABC Company employs 20 janitors in three locations in any Ontario city. The janitor's job duties include lifting 22 kilograms (50 pounds) containers that contain 4 pails of cleaner and wax to stack them five containers high in the supply room. The job also includes lifting 21 kilogram

(47 pounds) boxes of paper, which are stacked five boxes high. It was estimated that the lifting was an occasional demand that accounted for about 10% of each shift. The company established a job requirement that janitors must be able to lift 23 kilograms from floor to shoulder height. The employer used a lifting test to determine if candidates could meet the required standard. Three individuals, Judy, Lucy, and Colleen were offered jobs as janitors.

The employment offers were conditional upon the candidates passing a physical demands assessment that included the lifting test. When it was established that the three candidates could not pass the test because they were only able to lift 16 kilograms, their offers of employment were withdrawn. A review established the following:

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ten of 100 women and two of 250 men who had previously taken the test had failed

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some janitors took bundles of paper out of the boxes in the stacking process

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the cleaning supplies could be ordered in containers with 2 pails. Buying the cleaning supplies in the smaller containers increased the cost by 10%.

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the employer argued that the 23-kilogram lifting requirement was a safety issue, and it

was the same for all candidates

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the employer-provided evidence that it was in financial difficulty and had to cut costs

wherever possible

Question 1: Assuming the lifting requirement is discriminatory, what type of discrimination is present? (

i.e. direct, constructive / adverse impact or systematic/institutional). Explain