Question

What is a bona fide occupational requirement (BFOR)? Define the term and give an example of a BFOR for a professional mover (a person who moves household or office furniture/equipment from one location to another). How could an employer make an argument that a BFOR is needed and based on what prohibited ground?

Answer 1

bona fide occupational requirement (BFOR) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination and thus be in violation of civil rights employment law. Such qualifications must be listed in the employment offering.

For example:

In order to perform their jobs safely, persons employed as drivers require acceptable vision and an appropriate driver's licence.
Liquor store employees must be at least 18 years of age to sell liquor. There is no exception to this age requirement under Alberta legislation, thus creating a bona fide occupational requirement.
An employer can claim a bona fide occupational requirement if a complaint of discrimination is made against them. The onus is on the employer to show that it would be impossible to accommodate the employee without undue hardship. You can read more about undue hardship.

They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community.