However a BFOR must be analysed on the basis of the occupation, not the person, as McIntyre J. asserted in Bhinder v. CN, 1985 CanLII 19 (SCC), [1985] 2 S.C.R. 561 at 588-89: The words of the Statute speak of an "occupational requirement". This must refer to a requirement for the occupation, not a requirement limited to an individual. It must apply to all members of the employee group concerned because it is a requirement of general application concerning the safety of employees. The employee must meet the requirement in order to hold the employment. It is, by its nature, not susceptible to individual application.... To apply a bona fide occupational requirement to each individual with varying results, depending on individual differences, is to rob it of its character as an occupational requirement and to render meaningless the clear provisions of s. [15(a)].
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