What are the relevant factors for determining whether use of a pejorative term is discriminatory?

British Columbia, Canada


The following excerpt is from Mattu v. Evergrow Greenhouse, 2018 BCHRT 103 (CanLII):

Relevant factors as to whether use of this pejorative term constitutes a discriminatory act include the egregiousness or virulence of the comment, the nature of the relationship between the involved parties, the context in which the comment was made, whether an apology was offered, and whether or not the recipient of the comment was a member of a group historically discriminated against: Pardo v. School District No. 43, , 2003 BCHRT 71, para. 12.

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