This scenario is based onCameron v.Nel-Gor Castle Nursing Home,which went before a Tribunal and then was appealed to Divisional Court.

Cindy, 19, applied for a job at a nursing home as a nursing aide. She had previously worked part-time as a kindergarten teacher's aide and had also cared for children with mental and physical disabilities during her high school years. In her initial interview, the assistant administrator told Cindy she was an ideal candidate and that she probably would be hired.

She was given a pre-employment medical examination for her family doctor to complete. He confirmed that she could meet the requirement of being able to lift patients.

At a second meeting, the interviewer reviewed the completed medical form and noticed Cindy's hand. During the initial interview, the assistant administrator had not observed her left hand, on which the index, middle and ring fingers were much shorter than those on most hands. Following this, the interviewer and another nursing director spent much time discussing Cindy's disability and the job requirements. Even though they both really wanted to hire Cindy, they didn't think she would be able to cope with the gripping or clasping that is needed to lift patients.

Although Cindy said she could perform the duties and had done similar tasks in her previous job with children with disabilities, she was not hired..

Discussion questions:

Q1. Did the interviewer have reasonable grounds to believe that Cindy could notdo the job?

Q2. On what basis did the interviewers assess that Cindy could not meet abona fidejob requirement?

Discussion points:

What do you think the interviewer and the nursing director should have decided?

What are your reasons? On what basis did the employers make their assessment of Cindy's physical ability?

Did they have reasonable grounds to believe that Cindy could not do the job?