What is the test for establishing discrimination against a female employee at a university?
Alberta, Canada
The following excerpt is from Pham v Vu’s Enterprises Ltd., 2016 AHRC 12 (CanLII):
The onus is on the complainant to prove discrimination on a balance of probabilities. The analysis begins with a prima facie case, with each step proven by the complainant on the balance of probabilities.[6] The respondent may then call evidence to dispute that the sexual harassment ever occurred. As more fully discussed below, I am satisfied that the complainant has established prima facie discrimination demonstrating that she suffered adverse effect, and her gender was a factor in the adverse effect she experienced. However, that being said I also appreciate the approach taken in Peel Law Association v. Pieters:[7]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employee who has served as an employee of a bankrupt subsidiary of a corporation for more than a decade be held liable for breach of contract by that bankrupt subsidiary? (Alberta, Canada)
Can an employer rely on a termination clause that was signed by an employee six years after the employee was hired? (Alberta, Canada)
What is the legal test for establishing a common law argument in a discrimination case? (Alberta, Canada)
What is the test for establishing a prima facie case of discrimination against a union? (Alberta, Canada)
How much notice can an employer give to an employee when the employer has made a decision not to conduct an internal investigation into the employee’s conduct? (Alberta, Canada)
What are the damages for wrongful dismissal of an employee? (Alberta, Canada)
What is the test for establishing a resulting trust? (Alberta, Canada)
What is the test for establishing that a parent is entitled to a trust fund for life with the remainder of it to his daughter when she marries? (Alberta, Canada)
Can an employee with an addiction disclose their addiction until after a safety issue has been breached? (Alberta, Canada)
Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver? (Alberta, Canada)
