Running for your job: fairness in employment.

• Author: Nugent, Patrick

In September 1999, the Supreme Court of Canada issued its decision in a case called British Columbia (Public Service Employee Relations Commission) v. British Columbia Government and Service Employees' Union, 1999, otherwise known as the BC Firefighter decision. This decision caused an uproar. What was it all about?

Three years after having been hired, Tawney Meiorin lost her job as a forest firefighter with the British Columbia government. Although she had done her work well and indeed was rehired twice (because the work is seasonal), she was dismissed in 1994 because she was unable to pass a new fitness test that the government had implemented for forest firefighters. Ms Meiorin's union grieved on her behalf and an arbitrator ruled that she had been wrongfully dismissed by the BC government. The BC Court of Appeal reviewed the arbitrator's decision and overturned it, holding that passing the new fitness test implemented by the government was necessary to the safe and efficient performance of Ms Meiorin's job. The Supreme Court of Canada reversed the holding of the Court of Appeal, restored the finding of the arbitrator and granted Ms Meiorin her job back, with compensation for lost wages.

This decision created such a controversy because many people misinterpreted it as stating that women ought to be given special consideration when it comes to job standards and not be required to meet the same standards that other (male) workers had to meet. The emotionally charged notions of double standard and reverse discrimination were raised, and the debate, as is usually the case when it is reduced to such terms, became confused. If we look closely at the decision, however, we realize that the Supreme Court was not advocating a double standard, but rather advocating a fair standard.

The fitness test consisted of four parts: a shuttle run, an uptight rowing exercise, a pump carrying/hose dragging exercise, all within stipulated times plus a requirement that the firefighter weigh less than 200 lbs. (with their equipment). Ms Meiorin passed all but the running part of the test. To pass the run portion of the test, which purported to measure a minimum aerobic standard, prospective and current employees had to run 2.5 km in 11 minutes. Meiorin ran it in 11 minutes and 49.4 seconds. This was the basis of her dismissal.

No one can dispute that a firefighter needs to be fit to properly perform their job. This is especially the case with Ms Meiorin's job, which can more...