Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.
Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend this intense martial art class quarterly which uses all these body parts. Many employees have already gotten hurt(shoulders, ribs ,bruising) and many of our women feel violation from this particular training. Women are told find a partner to train with. If no female partner you are with a male. This martial arts training was not in fact a condition of employments for a lot of older employees whom have 10-20yrs. Upon our hiring we were introduced to a defensive tactic we trained for once a year. You have to participate for credit or you will not receive your merit raise. Merit raises not being given was the first threat, now HR is requiring specific Dr. notes and time frames.
A:
Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.
If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than younger employees, that would be discrimination.
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