Sentences with phrase «case of discrimination»

Unfortunately, widely publicized cases of discrimination such this one at a restaurant and this one on an airplane can lead women to feel that discrimination against public breastfeeding is widespread.

For many people, individual legal action can be intimidating and stressful, all the more so in distressing cases of discrimination or harassment.

Although specific cases of discrimination can be difficult to prove, some high - profile suits have been won.

For actual cases of discrimination — surely the current law, including employment law, provides remedies.

The Tribunal determined that in order to establish a prima facie case of discrimination on the basis of family status, the complainant must show that she is a parent with particular parental obligations, that the employer has treated her adversely with respect to her employment, and that there is a connection between her parental obligations and the adverse treatment.

Significantly, the Court affirmed the Tribunal's rejection of the test articulated in Health Sciences Assoc. of B.C. v. Campbell River North Island Transition Society («Campbell River «-RRB- which stated that a prima facie case of discrimination on the basis of family status could only be established where there was a «serious interference» with a substantial parental or other family duty.

In this way, the applicant has made out a prima facie case of discrimination based on both family status and disability under the Code.

During a congressional hearing in May, she refused to cite a single example of a time when she thought it was appropriate for the federal government to intervene in cases of discrimination by private schools receiving federal voucher funds.

Since the employee could establish a prima facie case of discrimination by proving that a) she had, or was perceived to have, a disability, b) she received adverse treatment, and c) her disability was a factor in the adverse treatment, the employee's allegation that the employer discriminated against her on the basis of disability when they terminated her employment was upheld.

Recent judgments in cases of discrimination arising from a disability have been employee friendly, showing that claimants only have to show a loose causal connection between the «something» arising from a disability (for example, sickness absence arising from a disability) and the unfavourable treatment.

We have confidence that trial judges, experienced in supervising voir dire, will be able to decide if the circumstances concerning the prosecutor's use of peremptory challenges creates a prima facie case of discrimination against black jurors.

The court observed that a prima facie case of discrimination required Spath to show that: (1) she was «disabled» under the ADA; (2) she was qualified, with or without reasonable accommodation, to perform the functions of her job; and (3) Berry discriminated against her in regard to advancement, discharge, compensation, or other terms of employment.

By not clearly stating their position and choosing books either arbitrarily or based on searches of top - rated titles which are the most visible titles in the genre, they seem to be deliberately hiding a clear case of discrimination and what amounts to censorship (albeit ipso facto) because of their lack of transparency.

First, the Human Rights Legal Support Centre, a government - sponsored program that argues cases of discrimination on behalf of employees, sent out a mass press release broadcasting the decision.

In a statement, British gay - rights activist Peter Tatchell agreed the cake dispute was not a simple case of discrimination.

Anti-discrimination body Kick It Out have issued a report which reveals that cases of discrimination across English football is on the rise, according to the BBC.

Think about all the overt cases of discrimination that we have seen in this year alone, coming from the federal government and enabled or directed by this White House,» she said.

The Court affirmed there was no need for the Tribunal to determine whether Mr. Lane had established a prima facie case of discrimination with reference to a comparator group.

Establishing a prima facie case of discrimination indicates that the employee's allegations could amount to discrimination.

Ms. Partridge was able to show that a prima facie case of discrimination existed.

Prior decisions such as Entrop, and the Court of Queen's Bench ruling in Kellogg, Brown & Root held that there was a prima facie case of discrimination because the employer discriminated against all drug users on the ground of a» perceived disability».

The Court decided that the Alberta Human Rights Tribunal erred in finding that the employee established a prima facie case of discrimination when the evidence could not reasonably support the conclusion that the employee suffered from a disability or a perceived disability requiring accommodation... [more]

From addressing individual cases of discrimination, to engaging with government around policy, the Commission's task is both to apply those rights that are currently recognised in our laws; and to aspire for greater recognition and protection of those that are not.

Cases such as this largely depend on their particular facts, although the board did rely on the principles set out by the Federal Court of Appeal's Johnstone decision to determine whether there was a prima facie case of discrimination based on family status.

At the Canadian Human Rights Tribunal, it was found that the employee had established a prima facie case of discrimination against Health Canada because the Afghanistan guidelines provided that no one with a chronic medical condition is allowed to be posted to Afghanistan.

First, I learned about the case from a mass press release sent by the Human Rights Legal Support Centre, a government - sponsored program that argues cases of discrimination on behalf of employees.

Harini has extensive experience and expertise, acting for both employers and employees, in cases of discrimination on each of the protected grounds, whistleblowing, bullying and harassment, TUPE, maternity, paternity and parental rights, equal pay, contractual disputes, data protection, confidential information, restrictive covenants, complex disciplinary and grievance matters, working time, trade unions, redundancy, and of course unfair dismissal.

The test for establishing discrimination under human rights legislation is consistently expressed in jurisprudence (e.g., here and here) and has been confirmed in this case: the complainant must establish a prima facie case of discrimination by showing a distinction based on a prohibited ground listed under an area (e.g., government services, housing, employment) covered by the legislation.

This may be a clear case of discrimination, but comedians and similar performers should benefit from clear precedent - setting case law that proscribes the limits they can go to in their acts.

However, the board decided that Flatt did not make a prima facie case of discrimination based on family status for the following reasons.

However, our thorough internal investigation established that this was not a case of discrimination based on appearance, and we do not accept this characterization in the complaint.»

Florio, an attorney, explains that behavior such as Newton's is «a silver bullet that helps prove a case of discrimination.»

i used to think we should all drop labels because labels i saw and experienced as harmful or leading to suffering in the case of discrimination.

«I'm not sure about a case of discrimination here, but the policy is definitely unfair.

Without denying that the paucity of high - achieving students within minority populations is a serious issue, let us consider the performance of white students for whom the case of discrimination can not easily be made.

Not only is the disproportionate placement of minority children prima facie case of discrimination but the diversion of funds from the normal school budget to educate a select white population has a detrimental effect on the services being provided to the minority children that remain in the school district.

Yet, despite him overcoming these obstacles, his adoption was almost prevented by a case of discrimination.

This was not a case of discrimination under the terms of the European Convention on Human Rights.

[91] In this case, the respondent disputed that a prima facie case of discrimination had been made out.

Whether you are applying for a position, have been established within your role for some time, or have had a new situations arise which prompted an unfair response, you do have recourse in cases of discrimination.

Rather, the Court emphasized that «[i] n the case of breastfeeding, the onus is on the working - outside - the - home mother to make a prima facie case of discrimination.

The Court concluded that to make a case of discrimination on the basis of sex or family status related to breastfeeding, proper evidence would be required.

The employment tribunal initially held that Mrs Harris had been unfairly dismissed and that this was also a case of discrimination arising from disability.

Unlike many types of employment claim, in cases of discrimination, there is no limit on the amount of compensation that can be awarded — in some extreme cases compensation run into millions of pounds (if, say, you were a high earner and the discrimination has ruined your career).

As well, a line of authorities suggests that there is a higher standard of proof in establishing a prima facie case of discrimination in human rights tribunal hearings: SMS Equipment Inc v Communications, Energy and Paperworkers Union, Local 707, 2015 ABQB 162 at para. 54.