If an applicant makes out a prima facie case of discrimination, does the evidentiary burden shift to provide a rational explanation which is not discriminatory?
Ontario, Canada
The following excerpt is from Lippai v. Vistakrupa Corporation, 2018 HRTO 207 (CanLII):
If the applicant makes out a prima facie case of discrimination, the evidentiary burden shifts to the respondents to provide a rational explanation which is not discriminatory. The respondents must offer an explanation which is credible on all the evidence. The ultimate issue is whether an inference of discrimination is more probable from the evidence. See Shaw v. Phipps, 2010 ONSC 3884 at para. 77, upheld 2012 ONCA 155.
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