What is the test for establishing discrimination on the basis of physical disability?
British Columbia, Canada
The following excerpt is from Latreille v. Solectron Global Services (No. 2), 2006 BCHRT 9 (CanLII):
A complainant may establish a case of discrimination on the basis of a physical disability, by proving that she had a disability that affected her ability to perform her work, that she was treated in an adverse way, and that there is evidence that her employer was aware of, or reasonably ought to have been aware of her need for accommodation: Gardiner v. Ministry of the Attorney General, 2003 BCHRT 41.
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