What is the test for an allegation of discrimination on the basis of physical disability?
British Columbia, Canada
The following excerpt is from Russo v. Lions Gate Trailers and Vanderspek, 2006 BCHRT 18 (CanLII):
A complainant may establish an allegation of discrimination on the basis of a physical disability by proving that he had a disability that affected his ability to perform his work, that he was treated in an adverse way, and that there is evidence that his employer was aware of, or reasonably ought to have been aware of, his need for accommodation: Gardiner v. Ministry of the Attorney General, 2003 BCHRT 41 (at paras. 152 to 154)
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