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You can refuse to hire someone based on a prohibited ground, so long as the Meiorin criteria are met

A) True
B) False

User Leepowers
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1 Answer

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Final answer:

The statement is false; the Meiorin criteria apply to potentially discriminatory policies or standards that are bona fide occupational requirements and cannot be used to justify direct discrimination on prohibited grounds unless no accommodation is possible without undue hardship.

Step-by-step explanation:

The statement that "You can refuse to hire someone based on a prohibited ground, so long as the Meiorin criteria are met" is False. The Meiorin test or criteria, coming from a landmark Supreme Court of Canada decision, sets out a framework to determine if a workplace policy or standard that is discriminative on its face, can be justified as a bona fide occupational requirement (BFOR). For a standard to be considered a BFOR, the employer must prove that the standard was adopted for a purpose that is rationally connected to the job performance, it was adopted in an honest and good-faith belief that it was necessary for the fulfillment of that legitimate work-related purpose, and it is impossible to accommodate the individual without imposing undue hardship on the employer.

It's important to note that the Meiorin criteria cannot be used to justify direct discrimination based on protected grounds such as race, gender, or religion, unless there is a legitimate and essential requirement that cannot be accommodated without undue hardship. Employment decisions can only be made on valid job requirements and not on assumptions or stereotypes associated with a protected ground.

User Aditya Giri
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