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.
©Conni Kilfoil, Equality Representative, Canadian Union of Public Employees ckilfoil@cupe.ca