Sentences with phrase «facie discriminated»

While the court found that the employer had prima facie discriminated against the complainant on the basis of family status, the matter was remitted to the arbitrator to determine whether the employer had met its duty to accommodate her to the point of undue hardship.

Indeed, by refusing to recongize TWU students as potential lawyers, based on the religious tenets of TWU, they are prima - facie discriminating on the basis of their religion.

Not exact matches

Adverse Impact: The Tribunal established a case of prima facie discrimination under section 14, which prohibits any «occupational association» (meaning any organization in which membership is a prerequisite to carrying on a trade, occupation or profession) from expelling or suspending any member, or (otherwise) discriminating against any person or member because of physical or mental disability.

In finding that the applicant had not been discriminated against on the basis of sex or family status the Honourable Justice Johanne Trudel directed her attention to the four factors necessary to establish a prima facie case of discrimination on the basis of family status.

Once the employee has established prima facie discrimination, the employer then has the opportunity to prove that it did not discriminate against the claimant, such as by demonstrating that the employer would experience undue hardship if it were to provide the employee with the accommodation sought.

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».

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.

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.