Bona Fide Occupational Requirements

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Definition - What does Bona Fide Occupational Requirements mean?

Bona Fide Occupational Requirements, or BOFR, is a standard or rule that gives an employer the discretion to withhold a job role from a candidate if there is a sound reason it might cause undue hardship. On the surface, BOFR gives the implied view of discrimination. However, it is a tool used to confirm if a person can perform duties and tasks related to the nature of the job.

SureHire explains Bona Fide Occupational Requirements

From the logistical side, the BFOR framework would seem to deprive itself of the meaning of inclusivity and diversity in the workplace. For this reason, hiring the right candidate can often get lost in the shuffle due to blurred legal grounds. Hence, employers must defend how a workplace policy, procedure, or standard is exempt from accommodation if that means it would lead to undue hardship. The Canadian Human Rights legislation has laid out a three-step test to level the charge in a BFOR scenario.

1.) There must be a rational connection between the rule/standard made and the ability to do the job efficiently and safely. This method loosely translates to a person with a disability who may or may not meet the physical demands of a job.

2.) The rule/standard is made in honest and good faith as it relates to the first step. A job description will outline the terms noted in this method by which an employee must handle the nature of the job, apart from discrimination.

3.) The rule/standard is justified as a means to an end to performing a job. This touchpoint must clarify that any duty to accommodate can adversely impact the performance of the job. A couple of examples might include the financial purse and health and safety.

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