What is the test for a finding of discrimination based on disability?
British Columbia, Canada
The following excerpt is from West Fraser Mills Ltd. v. United Steelworkers of America, 2012 BCCA 50 (CanLII):
The parties agree that a finding of discrimination based on disability requires the application of a three-part test: 1. Is the grievor disabled? 2. Has the grievor suffered adverse treatment? 3. Is there evidence from which it is reasonable to infer that the disability was a factor in the adverse treatment? Wu v. Ellery Manufacturing, 2000 BCHRT 53.
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