What is the test for alleging adverse effect discrimination?

On behalf of the complainant, counsel submitted that the complaint is based on "adverse effect discrimination". This concept was described by McIntyre J., writing the judgment of the Court in Ontario Human Rights Commission and O'Malley v. Simpsons-Sears, supra. At p. 551 [D/3106, para. 24772], McIntyre J. stated: On the other hand, there is the concept of adverse effect discrimination. It arises where an employer for genuine business reasons adopts a rule or standard which is on its face neutral, and which will apply equally to all employees, but which has a discriminatory effect upon a prohibited ground on one employee or group of employees in that it imposes, because of some special characteristic of the employee or group, obligations, penalties, or restrictive conditions not imposed on other members of the work force.