What is the test for determining whether discrimination has occurred in the context of employment law?

Alberta, Canada


The following excerpt is from Laidlaw Transit Ltd. v. Alberta (Human Rights and Citizenship Commission), 2006 ABQB 874 (CanLII):

In Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497, Iacobucci J. gave considerable guidance as to the approach to be taken to determining whether discrimination has occurred. He noted that an impugned law may be discriminatory in that it draws a formal distinction, or fails to take into account the claimant's already disadvantaged position within Canadian society resulting in substantively differential treatment between the claimant and others. He stressed that the analysis of each inquiry should be made in a purposive and contextualized manner (including the historical, social, political, and legal context of the claim). The contextual factors which determine whether legislation has the effect of demeaning a claimant's dignity must be construed and examined from the perspective of the claimant. The issues must be approached from the perspective of the reasonable person, dispassionate and fully apprised of the circumstances, possessed of similar attributes to and under similar circumstances as the claimant.

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