Final answer:
The most common defense to employment-related discrimination allegations is the bona fide occupational requirement, which allows for certain criteria that are essential for job performance and safety. Affirmative action and employment equity plans are proactive measures aimed at addressing historical discrimination but are not the primary defense against discrimination claims.
Step-by-step explanation:
The most common defense to an allegation of employment-related discrimination is the bona fide occupational requirement (BFOR). A BFOR is a practice that might otherwise be considered discriminatory but is necessary for the safe or efficient operation of an organization. An employer may argue that a certain characteristic is essential to a particular job, and therefore excluding individuals without this characteristic is not discriminatory.
For example, requiring a firefighter to have a certain level of physical fitness to safely perform the duties associated with firefighting can be considered a BFOR. However, this defense is strictly scrutinized to ensure it is not being used as a pretext for discrimination. Employers must show that the requirement is genuinely necessary for the role and that accommodating an individual without this characteristic would impose undue hardship on the employer.
Affirmative action and employment equity plans are proactive measures that aim to overcome past discrimination by giving special consideration to minorities and women during the hiring and promotion processes. While affirmative action may be used as a defense to allegations of discrimination against a non-minority candidate, it is not the primary defense against claims of discrimination.