What is the burden of proving a claim of sexual discrimination?

Once a prima facie case has been established, the burden shifts to the respondent to justify the conduct or practice. If it cannot be justified, discrimination will be found to have occurred. However, determinations under s. 27(1)(b) are made on the basis of the allegations outlined on the face of the complaint, without reference to any alternative explanation or evidence that the Co-op may put forward. See: Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168 para. 12. If the complaint alleges fact that, if proven, could establish a prima facie case of discrimination, the s. 27(1)(b) application will be dismissed.