Establishing a Prima Facie Case of Discrimination

I. THE GENERAL RULE

The Union or accommodation-seeker must prove a prima facie case of discrimination by demonstrating:

1. That he/she was a person sharing the characteristics of one of the groups protected by applicable human rights legislation;

2. That he/she was treated adversely in her employment;

3. That it was reasonable to infer from the evidence that his/her membership in that group was a factor in the adverse treatment

II. IN CASES OF ALLEGED DISABILITY-RELATED DISCRIMINATION

1. That he/she has a disability;

2. That he/she was treated adversely in her employment;

3. That is was reasonable to infer from the evidence that his/her membership in that group was a factor in the adverse treatment.