What is the test for discrimination in employment where an employer does not hire a complainant but continues to recruit to fill the position?
British Columbia, Canada
The following excerpt is from Briltz v. Yaki's Pizza and Labossiere, 2006 BCHRT 245 (CanLII):
The test for discrimination in employment, applied where an employer does not hire a complainant but continues to recruit to fill the position, was set out in Israeli v. Canadian (Human Rights Commission) (1983), 1983 CanLII 4687 (CHRT), 4 C.H.H.R. D/1616, as follows: a. That the complainant belongs to one of the groups which are subject to discrimination under the Act, e.g. religious, handicapped or racial groups; b. that the complainant applied and was qualified for a job the employer wished to fill; c. that, although qualified, the complainant was rejected; and d. that, thereafter, the employer continued to seek applicants with the complainant’s qualifications. (at p. D/1002, para. 13865)
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