What is the test for recognizing discrimination against an employee on the basis of a protected characteristic?
British Columbia, Canada
The following excerpt is from Pakzad v. Panago Pizza and another, 2016 BCHRT 68 (CanLII):
Recognizing discrimination may require inferences from factual circumstances in which it may be subtle rather than overt, and may only reveal itself gradually over a series of events. See: Ibrahim v. Intercon Security, 2007 BCHRT 201, paras 71-80. Employers rarely announce that they are dismissing an employee on the basis of a protected characteristic. Such a connection must often be established by reasonable inferences drawn from surrounding circumstances. See: Mann v. Jace Holdings, 2012 BCHRT 234, at para. 105.
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