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February 10, 2023

When Is a Discriminatory Requirement a BFOR? You are a manager of the mental health outreach program for Conestoga Community Health Clinic. The clinic has a policy that all employe

When Is a Discriminatory Requirement a BFOR?
You are a manager of the mental health outreach program for Conestoga Community Health
Clinic. The clinic has a policy that all employers working in the community must have Non-
Violent Crisis Intervention Training.” You have an older worker who has severely reduced
physical abilities and this year she failed to pass the course. Given the policy, she can is no
longer qualified for her role.
You address this with her and the union provides you a copy of Tawney v. BC and says that your
policy is discriminatory
What will you do?

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