Meiorin Test
An employer can justify the impugned standard by establishing on the balance of probabilities:
- that the employer adopted the standard for a purpose rationally connected to the performance of the job;
- that the employer adopted the particular standard in an honest and good faith belief that it was necessary to the fulfilment of that legitimate work-related purpose; and
- that the standard was is reasonably necessary to the accomplishment of that legitimate work-related purpose. To show that the standard is reasonably necessary, it must be demonstrated that it is impossible to accommodate individual employees sharing the characteristics of the claimant without imposing undue hardship upon the employer.
- (per McLachlin, emphasis added)
Read more about this topic: British Columbia (PSERC) V. BCGSEU
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