What is the test for establishing discrimination against a female employee at a university?

Alberta, Canada


The following excerpt is from Pham v Vu’s Enterprises Ltd., 2016 AHRC 12 (CanLII):

The onus is on the complainant to prove discrimination on a balance of probabilities. The analysis begins with a prima facie case, with each step proven by the complainant on the balance of probabilities.[6] The respondent may then call evidence to dispute that the sexual harassment ever occurred. As more fully discussed below, I am satisfied that the complainant has established prima facie discrimination demonstrating that she suffered adverse effect, and her gender was a factor in the adverse effect she experienced. However, that being said I also appreciate the approach taken in Peel Law Association v. Pieters:[7]

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