What is the definition of a "bona fide occupational requirement"?

The term "bona fide occupational requirement" refers to a legitimate reason or justification that allows for certain types of discrimination in employment practices. This concept is most often invoked in cases where an employer may have to make decisions based on certain characteristics of a job candidate or employee that are essential for performing the job effectively.

For example, ensuring that a candidate can perform certain physical tasks or have specific certifications that are necessary for the job can be considered a bona fide occupational requirement. It recognizes that in some circumstances, requiring specific traits or characteristics is necessary for the health, safety, or operational success of the organization.

Understanding this concept is crucial in the context of employment law, as it delineates between discriminatory practices that are legally permissible versus those that are not. This principle is supported by human rights legislation in Ontario, which provides guidelines on what constitutes justified discrimination in occupational contexts.

In contrast, the other concepts described do not accurately reflect the definition of a bona fide occupational requirement; they address different aspects of employment law that would not qualify under this justification.