In some circumstances, employers can require employees and potential employees to meet a health and fitness standard for a job.

However, imposing a fitness or health standard can be unlawful discrimination in some circumstances. Discrimination can be against the law where less favourable treatment is linked to a protected attribute including, but not limited to, age, disability, sex, pregnancy or race. Some limited exemptions and exceptions apply.

Example: An employer requires an older person to meet a physical fitness test for a job as a cashier in a supermarket which does not require much physical activity. This could be age discrimination if more young people are able to meet the fitness test and fitness is not an inherent requirement of that particular job.

It may not be against the law to refuse to employ a person because of their physical fitness or health status if the person cannot perform the inherent requirements of the job.

Example: It would be an inherent requirement of the job of bicycle courier that a person be physically fit enough to ride bicycles to deliver packages for a certain number of hours each day.