What is the test for discrimination in the workplace?

Canada (Federal), Canada

The following excerpt is from Duval v. Treasury Board (Correctional Service of Canada), 2018 FPSLREB 52 (CanLII):

56 According to the well-known principle set out in Ontario Human Rights Commission v. Simpsons-Sears, 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536 at 558 and 559, it is first up to the grievor to provide sufficient evidence of discrimination; that is, evidence that “… covers the allegations made and which, if they are believed, is complete and sufficient to justify a verdict in the [grievor’s] favour in the absence of an answer from the respondent-employer.” In return, the employer is required to “… show that he has taken such reasonable steps to accommodate the employee as are open to him without undue hardship.”

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