Scenario 3.1 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 for employment by the company on the advice of the medical doctor who performed the mandatory medical examination.
-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 under human rights law on the grounds of physical disability. The fact that he has an arthritic condition does not automatically disqualify him from being considered for the position. The company would need to demonstrate that his condition makes him unable to perform the essential duties of the job, or that accommodating his condition would cause undue hardship. Without such evidence, rejecting him based on his medical condition would be considered discriminatory.