What is the test for determining whether a respondent's explanation of discriminatory practice is reasonable or satisfactory?
Canada (Federal), Canada
The following excerpt is from Lavoie v. Treasury Board of Canada, 2008 CHRT 27 (CanLII):
Once prima facie evidence has been established, the respondent's explanations must be reasonable or satisfactorily explain the otherwise discriminatory practice (see: Lincoln v. Bay Ferries Ltd., supra, paragraph 23 of the decision; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), [2005] F.C.A. 154, at paragraphs 26 and 27).
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