How has discrimination been defined in the context of employment law?
Saskatchewan, Canada
The following excerpt is from Saskatchewan (Department of Finance) v. Saskatchewan (Human Rights Commission), 2002 SKQB 501 (CanLII):
In Andrews v. Law Society of British Columbia, supra, McIntyre J. defined discrimination at p. 174: . . . [D]iscrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individuals' merits and capacities will rarely be so classed.
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