Sample: Complainant’s reply (Sofia Li v. ABC Trucking Inc.)

Tribunal File No.: T2000/0001

CANADIAN HUMAN RIGHTS TRIBUNAL

BETWEEN:

SOPHIA LI

Complainant

and

CANADIAN HUMAN RIGHTS COMMISSION

Commission

and

ABC TRUCKING INC.

Respondent

Complainant’s reply to the respondent’s statement of particulars

  1. Reply

    1. In reply to the Respondent’s assertion that the fitness test is a bona fide occupational requirement, I would say that in my thirteen years as a truck driver my level of fitness had no effect on my ability to perform my job, which the Respondent admits I performed well. I would add that I am unaware of any other trucking company that requires a fitness test as a condition of employment.
    2. Furthermore, I was never told or warned that my level of fitness posed a health and/or safety risk to me, my colleagues or the public.
    3. The whole fitness initiative appears to be a pet project of Megan Smith, the wife of the Respondent’s President, who has recently become a certified personal trainer.
    4. While the Respondent says it would have cost too much to keep me employed in another area of the organization, it is my understanding that Pat Smith’s son, who was a truck driver but who also failed the fitness test, was accommodated in another position in the organization.