Scenario 2.3.Rejected from Employment
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 from employment by the company on the advice of the medical doctor who performed the mandatory medical examination.
-Please refer to Scenario 2.3.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.

Question

Quizplus · Accepted Answer

Bill is protected on the grounds of physical disability under human rights law. The company cannot discriminate against him based on his arthritic condition unless it can be proven that his condition prevents him from performing the essential duties of the job or that his condition would pose a safety risk. The medical exam would need to show that Bill cannot safely perform the required driving tasks. If he can perform the job with reasonable accommodation, then the company would be required to provide accommodation under human rights law.