Question

Bill, who has an arthritic condition, applied for a position as a private bus driver. He met all the conditions of the selection process but was rejected for employment by the company on the advice of the medical doctor who performed the mandatory medical examination.

What protection does Bill have under human rights law in this situation?
a. Bill is not being discriminated against as public safety requires a high standard of driving skills. b. Bill is protected on the grounds of physical disability.
c. Bill is protected by employment equity legislation.
d. Bill is not being discriminated against as driving requires quick response of his hands and feet.

Answer 1

In this situation, Bill may have protection under human rights law on the grounds of physical disability. The correct answer is: b. Bill is protected on the grounds of physical disability.

Step-by-step explanation:

In this scenario, Bill potentially has protection under human rights law based on physical disability. The correct option is: b. Bill is protected on the grounds of physical disability.

Human rights laws typically prohibit discrimination on certain grounds, and physical disability is commonly one of these protected categories. If Bill satisfies all the requirements of the selection process but is denied employment solely due to his arthritic condition, it may be deemed discriminatory under human rights legislation.

Option (a) argues that Bill is not facing discrimination because public safety demands a high standard of driving skills. However, if Bill possesses the necessary skills and qualifications but is rejected solely because of his arthritic condition, this justification may not excuse disability-based discrimination.

Option (c) references employment equity legislation, which generally focuses on promoting equal opportunities and addressing systemic barriers in employment. While related, it may not directly address individual cases of discrimination based on disability.

Option (d) contends that Bill is not experiencing discrimination because driving necessitates quick responses from hands and feet. Nevertheless, if Bill's condition does not significantly hinder his ability to perform the essential job duties, dismissing him based solely on his arthritic condition may still be regarded as discriminatory.