The Federal Court of Appeal considered Mr. Grenon's claim both as a claim of direct discrimination and
adverse effects discrimination.
A useful clarification that the Supreme Court could have made if it had granted leave is the extent of the causal connection required between provisions of the ITA and the adverse impact it has on a particular group in order to make out
an adverse effects discrimination claim.
The court also stated that accommodation to correct
adverse effect discrimination could amount to «reverse /
adverse effect discrimination».
had a disadvantageous effect on them because of their creed as it interfered with their ability to adhere to their religious beliefs, which constituted indirect or
adverse effect discrimination.
The Canadian National Railways, [1985] 2 S.C.R. 561 (duty to accommodate and bona fide occupational requirement («BFOR») defense), Re Ontario Human Rights Commission et al. v. Simpsons - Sears Ltd., [1985] 2 S.C.R. 536 (
adverse effect discrimination and duty to accommodate).
Finally, bringing a s. 15 Charter claim is costly because of the heavy evidentiary burden in establishing comparator groups and
adverse effect discrimination.
Not exact matches
Additionally, there is some research to indicate that harassment and
discrimination training may have no
effects or even
adverse effects.
The Disability
Discrimination Act 1995 described a disabled person as someone with «a physical or mental impairment which has a substantial and long - term
adverse effect on his ability to carry out normal day - to - day activities», which has or can be expected to last for more than 12 months.
Focusing on the rights of those who are already vulnerable and marginalized due to poverty and
discrimination, a human rights - based approach to climate change can be a useful tool to complement international efforts aimed at tackling the
adverse effects of global warming.
The legal concept of
adverse -
effect discrimination and the duty to accommodate also have broad implications outside of the workplace context.
He declared that Ms. Meiorin suffered
adverse -
effect discrimination on the basis of sex, and that the employer failed to meet its duty to accommodate her to the point of undue hardship as they had not shown that the aerobic capacity standard was necessary for the safe and efficient performance of the work.
This was a very significant case for women's equality rights as it gave LEAF and its coalition partners an opportunity to elaborate on the key human rights concepts of
adverse -
effect discrimination and the duty to accommodate, as well as to argue against the idea of «reverse
discrimination».
Indirect
discrimination occurs where there is a provision, criterion or practice (in this case a dress code) which applies to all employees equally but has an
adverse effect on a particular protected group and the individual in question.