What is the test for discrimination against an employer who requires that all employees work on a Saturday?
British Columbia, Canada
The following excerpt is from Erguney and others v. BC Housing and Krueger, 2006 BCHRT 561 (CanLII):
In some human rights cases, the discrimination alleged is not direct discrimination but the discriminatory adverse impact an apparently neutral rule may have on a particular individual due to their membership in a protected group. For example, an employer’s requirement for all employees to work on a Saturday may have an adverse impact on those employees whose religion requires them not to work on Saturdays: Central Alberta Dairy Pool v. Alberta (Human Rights Commission), 1990 CanLII 76 (SCC), [1990] 2 S.C.R. 489.
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