The Government of British Colombia established minimum physical fitness standards for fire fighters. The claimant, a woman, had previously performed her work satisfactorily but failed to meet the aerobic standard. The arbitrator found that the aerobic standard constituted adverse discrimination based on sex because men as a group have a higher aerobic capacity than women and therefore are more able to reach the standard. The Court of Appeal overturned the ruling. Disagreeing with the Court of Appeal, the Supreme Court held that the aerobic standard used to test fitness of fire fighters discriminates on the basis of sex and that the Government of British Colombia failed to show that the discriminatory standard is justified as a bona fide occupational requirement.
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