What must employers demonstrate to justify discriminatory treatment under human rights legislation?

To justify discriminatory treatment under human rights legislation, employers must demonstrate that the treatment in question is necessary for the particular position. This requirement is grounded in the principles of human rights law, which strive to ensure equality and prevent discrimination based on certain protected grounds, such as race, gender, or disability.

When an employer asserts that a certain discriminatory practice is justified, they must show that the treatment is a bona fide occupational requirement (BFOR). This means that the specific characteristic or treatment must be essential to perform the core responsibilities of the job. For instance, if a job requires a certain physical capability that is necessary for the completion of tasks safely and effectively, an employer may be justified in treating employees differently based on that characteristic, provided it is not a pretext for discrimination.

The necessity criterion ensures that any discriminatory action is not arbitrary or based solely on stereotypes or biases, but is instead directly related to the ability to perform the job effectively. This embodies the spirit of human rights legislation, which aims to strike a balance between individual rights and the legitimate needs of employers in the workforce.