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Connection must be made between work fitness tests, ability to do job, lawyers say

Thursday, July 05, 2018 @ 2:59 PM | By Terry Davidson

Employers must demonstrate a “rational” and “necessary” connection between physical fitness tests given to employees and the work being done, say lawyers following an appeal decision finding discrimination against woodland firefighters.

These comments come in reaction to the Court of Appeal for Saskatchewan’s decision in Saskatchewan (Ministry of Environment) v. Saskatchewan Government and General Employees’ Union 2018 SKCA 48, a case where a firefighters union took issue with a fitness test’s time limit and how it discriminated against women and older men whose job it is...