What is the test for discrimination in the context of employment law?
Alberta, Canada
The following excerpt is from 409205 Alberta Ltd. v. Alberta (Human Rights & Citizenship Commission), 2002 ABQB 681 (CanLII):
The next question is whether the panel correctly instructed itself in relation to the definition of discrimination. It did so by reference to Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, at p. 174: ... a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.
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