What is the current state of the law on differential treatment between men and women?

However, as was noted earlier, that is not the end of the inquiry. While the perpetuation of historical disadvantage can be an indicator of discrimination, the absence of any historical disadvantage faced by the claimant group does not necessarily mean that adverse differential treatment is not discriminatory. The focus must, instead, be on the discriminatory impact of the distinction: Alliance du personnel, above at para. 28; Quebec v. A., at paras. 327, 330, Abella J., dissenting.