Is statistical evidence relevant, relevant and probative when it reveals a disparity in treatment toward members of a racial minority in the course of certain discriminatory decisions by the employer?

Canada (Federal), Canada

The following excerpt is from Canada (Human Rights Comm.) v. Canada (Dept. of National Health and Welfare) (No. 5), 2001 CanLII 61122 (CHRT):

The Canadian Human Rights Tribunal adopted a similar position, in the case of Dhanjal v. Air Canada:50 In short, statistical evidence is useful, relevant and probative when it reveals a disparity in treatment toward members of a racial minority in the course of certain discriminatory decisions by the employer, as in hiring, promotions, dismissals, discretionary decisions, etc. Statistical evidence must also have a direct relationship to the decision that is the subject matter of the complaint.

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