A bona fide occupational requirement (BFOR) is a job requirement that an employer can legally justify as necessary to perform the work, even if it disadvantages someone because of a protected characteristic such as disability, age, sex or religion.
However, employers can’t simply label a rule as essential. They must prove that it’s genuinely necessary and that accommodating an affected employee would cause undue hardship.
BFOR rules apply across Canada under federal and provincial human rights laws, including in Ontario, Alberta and British Columbia.
💡 Key Point: A bona fide occupational requirement is an exception to human rights protections, not a way for employers to avoid them. A workplace rule must meet a strict legal test before it can justify discriminatory treatment.
On This Page:
- What Is a BFOR?
- BFOR Examples
- The Three-Part BFOR Test
- Duty to Accommodate
- Termination and Severance
- BFOR Rules Across Canada
- Frequently Asked Questions
What Is a Bona Fide Occupational Requirement?
A bona fide occupational requirement is a standard, qualification or rule that’s genuinely necessary for a particular job. The term “bona fide” means genuine or made in good faith.
For example, some jobs require specific physical abilities or safety qualifications. These requirements can be legitimate, but employers must consider whether someone who is affected by the rule can perform the work with reasonable accommodation.
A job requirement isn’t automatically lawful because an employer considers it important. If the requirement disadvantages someone based on a characteristic protected by human rights law, the employer may need to prove that it’s a BFOR.
Learn more about workplace discrimination in Canada.
Examples of Bona Fide Occupational Requirements
Whether a requirement qualifies as a BFOR depends on the actual job, the evidence supporting the rule and the employer’s ability to accommodate individual needs.
| Job Requirement | When It May Be Justified |
|---|---|
| Physical Fitness | A firefighter may need to perform essential rescue tasks. However, a particular fitness test must be justified by the work and accommodation must be considered. |
| Vision Requirements | A commercial driver may need to meet safety-related vision standards. Whether corrective lenses or other accommodation are possible must be considered. |
| Privacy Requirements | Certain personal-care positions may have specific staffing requirements to protect a client’s privacy and dignity, depending on the circumstances. |
These are possible examples, not automatic exemptions. An employer must justify the specific requirement rather than rely on assumptions, stereotypes or personal preferences.
What Is the Three-Part BFOR Test?
The Supreme Court of Canada established a three-part test for determining whether a discriminatory workplace requirement can be justified.
- Connected to the Job: The requirement must serve a legitimate purpose directly related to performing the work.
- Made in Good Faith: The employer must genuinely believe the requirement is necessary for that purpose.
- Reasonably Necessary: The employer must show that affected employees can’t be accommodated without causing undue hardship.
An employer must satisfy all three parts. A rule that seems sensible or has existed for years isn’t necessarily a valid BFOR.
The test comes from the Supreme Court’s decision in British Columbia (Public Service Employee Relations Commission) v. BCGSEU, commonly called the Meiorin case.
BFOR and the Duty to Accommodate
Before relying on a BFOR, an employer must consider whether an employee’s protected needs can reasonably be accommodated.
Depending on the job and circumstances, accommodation can include:
- Modified duties or equipment
- Adjusted working hours or schedules
- Changes to physical job requirements
- Medical leave or a gradual return to work
The employer doesn’t necessarily have to provide the employee’s preferred arrangement, but it must properly explore reasonable options.
What Is Undue Hardship?
Undue hardship is the legal limit on an employer’s duty to accommodate. It can involve significant costs or serious health and safety risks, depending on the law that applies.
Ordinary inconvenience isn’t enough. Employers need evidence to support a claim that accommodation would cause undue hardship.
For a fuller explanation, see our guide to the duty to accommodate in Canada.
Can You Be Fired for Not Meeting a Bona Fide Occupational Requirement?
An employer may be able to terminate an employee who can’t meet a genuinely essential job requirement, but only after meeting its legal obligations.
If a disability or another protected characteristic is involved, the employer must assess reasonable accommodation before relying on a BFOR to justify the decision.
If your employer refuses accommodation, disciplines you or fires you based on an unjustified requirement, you may have a workplace discrimination claim.
Are You Entitled to Severance Pay?
Yes, you can still be entitled to severance even if your employer has a valid BFOR. The legality of the workplace requirement and your entitlement to termination compensation are separate questions.
For many non-unionized employees in Ontario, Alberta and BC, severance pay can reach up to 24 months’ pay, depending on their circumstances.
If discrimination contributed to your termination, you may also be entitled to human rights compensation.
⚠️ Fired After Requesting Accommodation? Don’t assume your employer can deny severance by claiming you failed to meet a job requirement. Have the termination and any severance offer reviewed before signing a release.
Learn more about our Severance Package Review.
Do BFOR Rules Differ Across Canada?
The core BFOR test applies across Canada, but human rights legislation, accommodation requirements and available remedies can differ by jurisdiction.
- Ontario: The Ontario Human Rights Code protects employees from discrimination. Employers must consider accommodation to the point of undue hardship.
- Alberta: The Alberta Human Rights Act protects employees against discrimination and requires reasonable accommodation. See our Alberta accommodation guide.
- British Columbia: The BC Human Rights Code permits justified occupational requirements but requires employers to consider accommodation. See our BC accommodation guide.
Federally regulated workplaces, such as banks and airlines, are generally governed by the Canadian Human Rights Act rather than provincial human rights legislation.
Bona Fide Occupational Requirement: Frequently Asked Questions
Can an Employer Require Employees to Meet Physical Standards?
Yes, when the standards are genuinely necessary for the job. However, an employer must be able to justify a standard that disadvantages someone based on a protected characteristic and consider reasonable accommodation.
Can an Employer Refuse to Hire Someone Because of a Disability?
An employer can’t reject someone simply because they have a disability. It must assess whether the applicant can perform the essential job duties with reasonable accommodation.
Who Has to Prove That a Job Requirement Is a BFOR?
Once an employee establishes a case of discrimination, the employer must prove that the requirement is legally justified. Simply calling a rule a BFOR isn’t enough.
What if Your Employer Refuses to Accommodate You?
You may have a human rights claim. If the refusal also leads to a serious breach of your employment relationship, it could amount to constructive dismissal. Don’t resign before understanding your rights.
Employer Using a BFOR Against You? Know Your Rights
If your employer is denying accommodation, threatening your job or using a workplace requirement to justify your termination, you don’t have to simply accept its decision.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia challenge workplace discrimination, address accommodation disputes and pursue the severance and compensation they’re owed.
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