What is the test for discrimination against a person who was denied employment because of his disability?
Ontario, Canada
The following excerpt is from Hummel v. Transport Training Centres of Canada Inc., 2012 HRTO 1489 (CanLII):
The applicant must prove on a balance of probabilities that the respondent discriminated against him based on his disability. It is well-established in human rights law that the protected ground need only be one factor in the decision made that adversely affected the applicant; it does not have to be the only or primary reason: see Janzen v. Platy Enterprises Ltd, 1989 CanLII 97 (SCC), [1989] 1 S.C.R. 1252.
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