When answering this question, be sure to read through all of the questions first and only answer the question you are being asked.

Elite Tennis Academy is a local gym and tennis training facility. All of the employees at Elite Tennis Academy are expected to love the game of tennis and play it themselves. All employees, from the tennis pros to the front-desk staff, have signed an employment contract that says they will maintain a rigourous tennis training schedule as a condition of employment. Elite Tennis Academy provides staff to free access to the training facilities to support this policy. The policy was implemented 5 years ago in response to complaints by members of the Elite Tennis Acadmey who made it clear to management that they prefered having all staff members be active tennis players.

One of Elite Tennis Academy's employees, Jacob, was involved in a car accident which severly injured his spinal cord. Jacob now requires the use of a cane to walk and he cannot play tennis. Jacob is an employee that works at the front-desk signing members and guests into the facility and answering the telephone.

Elite Tennis Acadmey initially allowed Jacob to return to work at the front-desk, but after receiving a complaint from a member he was fired. Elite Tennis Academy cited his inability to satisfy the training schedule which is a condition of employment under the employment contract as the reason for his termination.

Jacob has come to you for advice and would like to bring a complaint for discrimination on the basis of disability.

Section 5(1) of theOntarioHuman RightsCodereads,

5. (1) Every person has a right to equal treatment with respect to employment without discrimination because of . . . disability.

Section 15 of theCanadian Charter of Rights and Freedomsreads,

15. (1)Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

a. Does theHuman Rights Codeor theCanadian Charter of Rights and Freedomsapplyin this situation? With reference to the facts and law, briefly explainwhy.[2 mark]

b. Yes or no, did discrimination occur? With reference to the test and the facts, explain your conclusion, including any defence available to Elite Tennis Academy and which party bears the burden of proof.[4 marks]

c. In its response, Elite Tennis Academy denies any discrimination. The policy is applied universally and without any intention to discriminate. Briefly explain whether this would be a successfuldefence.[1 mark]

d. What two remedies might Jacob be seeking?[2 marks]