Counsel reviewed the prima facie test referred to in the Wilson decision[1] as the starting point and argued that it provided a more workable version of the test set forth in O’Malley v. Simpson Sears.[2] The questions that the respondent’s counsel argued needed to be answered are as follows: (i) Was the complainant pregnant or did she have religious obligations at the relevant time and was the respondent aware or ought to have been reasonably aware of her pregnancy or religious obligations? (ii) Did the respondent subject the complainant to adverse treatment with respect to her employment or a term or condition of her employment? (iii) Was the pregnancy or religious obligation a factor in the adverse treatment?
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