Scenario 2.2.A Physical Challenge
Anne,who has fibromyalgia,applied for a full-time teaching assistant position working with children with special needs.She had heard about the position from her friend who worked at the school district.She met all the conditions of the selection process but was refused employment by the school district because they felt she would be unable to deal with the large class of older-aged,severely physically challenged children due to her joint and muscle pain and fatigue.They have decided to implement minimum strength requirements for teaching assistants who work with the older,more physically challenging students.
-Please refer to Scenario 2.2.What protection does Anne have under human rights law in this situation?
A)Anne is not being discriminated against as physical strength is a BFOR to ensure safety when working with physically challenged children.
B)Anne is protected on the grounds of physical disability.
C)Anne is protected by employment equity legislation.
D)Anne is not being discriminated against,as special needs teacher assistants require physical strength to work with physically challenged children.

Question

Quizplus · Accepted Answer

Anne is protected under human rights law on the grounds of physical disability. It is discriminatory to refuse employment based on a person's disability unless it can be proven that it is a bona fide occupational requirement (BFOR) and there are no reasonable accommodations possible to accommodate the person's disability. In this case, the school district has decided to implement minimum strength requirements without considering any possible accommodations for Anne's disability, which could be seen as discriminatory.