The City of Windsor withdrew a conditional offer of employment as a part-time arena attendant after Mr. Tearne was unable to complete pre-employment testing related to heart testing.

The City argued that the job in question was a heavy one, and that valid, related and necessary pre-employment testing was discontinued after two attempts because of concern for Mr. Tearne’s safety and well-being.

The Tribunal found that the expert evidence did not establish that an elevated risk for cardiac events exists when higher heart rates are reached while undertaking strength-related activities such as those included in the pre-employment testing. The Tribunal accepted the evidence of the Centre’s medical expert that older adults can routinely engage in strength activities without associated incidents of fatality or cardiac events.

The Tribunal ordered:

  • $10, 000 to the Applicant for monetary compensation for loss of the right to be free from discrimination
  • Lost wages (to be calculated)
  • The Applicant to be placed in the job if he successfully completes the City’s pre-employment testing.

To read the full decision, visit CanLII