Meiorin: When Is a Job Standard Discriminatory?

British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 S.C.R. 3, known as Meiorin, set the test courts and tribunals use to decide whether a workplace rule is a bona fide occupational requirement (BFOR).

What happened

Tawney Meiorin was a forest firefighter in British Columbia who had done her job well. The government introduced a new aerobic fitness test. She failed it by a small margin and was let go. The test was based on research that largely reflected male fitness levels.

What the court decided

The Supreme Court held that the test was discriminatory against women and wasn't a BFOR. It set a three-step test. The employer must show the standard was:

1. adopted for a purpose rationally connected to the job;
2. adopted in an honest and good faith belief that it was necessary;
3. reasonably necessary to accomplish that purpose, which means showing it is impossible to accommodate individuals without undue hardship.

Why it matters

Employers must build accommodation into their rules from the start, rather than treating it as an afterthought.

What it means for you

• Workers: if a workplace rule excludes you because of a protected ground, ask how it was designed and whether alternatives exist.
• Employers: test standards against the real needs of the job, and consider individual accommodation.

Sources

• British Columbia (PSERC) v. BCGSEU (Meiorin), 1999 CanLII 652 (SCC)
• Ontario Human Rights Code

Read next: O'Malley v. Simpsons-Sears: Discrimination Without Intent

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.