You are a judge of the Human rights tribunal hearing Elaine’s Case. Because of the heavy preponderance of dangerous forest fires throughout the province of Ontario the provincial government feels that it is a matter of public safety that all fire fighters have a high level of physical fitness and endurance.

The Ontario government has therefore established minimum physical fitness standards for forest fire fighters, weight lifting and forty yard dash requirements. Elaine, a female firefighter who had previously done her work satisfactorily failed to meet the aerobic (endurance) standard after four attempts. She was dismissed. She and her union filed a lawsuit that included issues of discrimination.

Elaine claimed she had suffered unlawful discrimination and should be restored to her former job position and compensated for lost wages and benefits.

Because of physiological differences, most women have a lower aerobic capacity than most men and, unlike most men, most women could not increase their aerobic capacity enough with training to meet the aerobic standard.

The issue was whether the government improperly dismissed Elaine. The broader legal issue was whether the aerobic standard that led to her dismissal unfairly excluded women from forest firefighting jobs and was discriminatory.

You are a judge of the Human rights tribunal hearing Elaine’s Case. In the space provided write a well-reasoned and coherent decision, using proper sentences and paragraphs in an essay format.