What is the test for alleging discriminatory behaviour in a workplace?
British Columbia, Canada
The following excerpt is from Burns v. Halcyon Hot Springs and Burmeister, 2008 BCHRT 278 (CanLII):
In a case such as this it is important to keep in mind that a complainant need not prove that the protected ground was the sole or even the primary cause of the allegedly discriminatory behaviour; it is sufficient that the prohibited ground was one of the factors that influenced the conduct complained of: Nixon v. Vancouver Rape Relief Society, 2002 BCHRT 1 at para. 131.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for finding that a person who alleges that they were subjected to discriminatory treatment by their college has been found to be discriminatory? (British Columbia, Canada)
What is the test for finding that a person who alleges that they were subject to discriminatory treatment on a university campus has been found to be discriminatory? (British Columbia, Canada)
How has the defence in chief examination addressed the allegation that the complainant was not cross-examined on the allegation of tugging a piece of gum towards someone? (British Columbia, Canada)
Does a letter that alleges second-hand smoke "falsely alleged secondhand smoke" have to be retried? (British Columbia, Canada)
What are the gaps in time between allegations and allegations? (British Columbia, Canada)
What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence? (British Columbia, Canada)
What is the difference between allegations of "subbing up" and a meeting in January 2008 and allegations of sexual harassment in October 2007? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
Is a failure to allege refusal to allege "unwillingness or refusal" demurable? (British Columbia, Canada)
What is the threshold that a complainant must meet in a workplace injury claim? (British Columbia, Canada)
