What evidence does the HRTO have to support a finding of prima facie discrimination?
Ontario, Canada
The following excerpt is from Valiani v. Canadian Labour Congress, 2013 HRTO 684 (CanLII):
The applicant submitted that this case involves some direct evidence, but primarily rests on circumstantial evidence. In addition, discrimination can co-exist with other factors. Discrimination need only be one of those factors in order to support a finding of prima facie discrimination (Quattroci v. Boz Electric Supply, 2009 HRTO 1082 at paras 43-44). Plausible alternative explanations are not enough to excuse behaviour if it is concluded that prohibited grounds of discrimination contributed to, or were factors in, the applicant's treatment.
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