What is the test used to determine whether a term or condition of employment, including a compensatory benefit, is discriminatory?

Saskatchewan, Canada


The following excerpt is from United Food and Commercial Workers, Local 319W v. Coca-Cola Bottling Ltd., 1999 SKQB 195 (CanLII):

I will not here repeat in full the reasoning set out in that judgment. In summary, I concluded that in order to determine whether a term or condition of employment, including a compensatory benefit, has an adverse discriminatory effect on an individual on a ground protected by s. 16(1), it is first necessary to perform a comparative analysis, as described by Sopinka J. in Gibbs v. Battlefords & District Co-operative Ltd., 1996 CanLII 187 (SCC), [1997] 1 W.W.R. 1 (S.C.C.). This analysis requires comparing the treatment of the employee or employees claiming discrimination to the treatment given to other employees in an appropriate “comparator group”, determined in the context of consideration of the true character or underlying rationale of the benefit at issue.

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