ACCP 5003 – ONA: CANADIAN BUSINESS LAW
Fall 2019
Farah Jamal Karmali
Week 1: Case Study Analysis
John Saunders owned and operated a trucking company. He advertised for a truck driver that
could work irregular hours, lift heavy boxes and travel across Canada. Sonia had just obtained
her license as a truck driver and eagerly applied for the job. When she was told that only male
applicants were being considered, she was very surprised.
“Look, sweetheart,” said John, “do yourself a favour and get an office job. Actually, I need a
secretary, so feel free to apply for that job. Being a truck driver requires heavy lifting, and I
don’t want to be responsible for a woman getting hurt on the job.”
As she was leaving, Sonia heard John laughing and telling a co-worker, “I can’t believe she
applied for the job! Besides, she’s young and will probably get married and get pregnant, so I
don’t need that hassle.”
1. Does Sonia have a legal basis to sue John? On what grounds? Explain thoroughly,
defining all legal terms.
Sonia can file a complaint with the Ontario Human Rights Tribunal. The relevant legislation is
the Ontario Human Rights Act, as this is a case that relates to discrimination in employment, and
the employer does not fall under federal legislation. (For example, if this happened at Canada
Post, the Canadian Human Rights Act would apply.)
This complaint would be discrimination on the basis of sex (which means “gender” and also
includes pregnancy or childbirth.) Sex is one of the grounds of discrimination included in the
Ontario Human Rights Act. Others include race, national origin, colour, sexual orientation,
disability.
2. Does John have any legal arguments to support his position? Explain thoroughly,
defining all legal terms.
John can argue that the ability to lift heavy boxes is a BFOR. A BFOR is a bona fide
occupational requirement – that is, a genuine requirement for a job. It is a defence that an
employer can use against a claim of discrimination. If successful, it allows an employer to have
an practice that violates the Ontario Human Rights Code. For example, firefighters cannot be
over a certain age because of the requirements of the job, which include danger to life. Although
this is discrimination on the basis of age, it is justified because the age requirement is considered
a BFOR. BFORs are generally accepted when there is a safety concern.
In this case, it is unlikely that the John would be successful in arguing that he can only hire men
because the job requires heavy lifting. He would have to give every candidate – male or female
– the opportunity to demonstrate that they can do the job.
3. What remedies would Sonia seek?
She would likely seek damages (a monetary award that compensates her for her losses), and
could seek an order allowing her to apply for the job. (From a practical perspective, she may not
want to work there anymore, and even if she does, it may be difficult to work there after the
employer has been “forced” to hire her.)
She may also ask for an order that requires John to adopt a special program to promote hiring
women in his company, but this is more likely in a large company.