Workplace Human Rights

All members need not be adversely impacted

In applying the test of prima facie case, it has been determined that it is not required that all members of the protected group be treated in the same manner. The example cited in Imperial Oil by the Ontario Court of Appeal is an employer's policy which denied benefits to pregnant women. This was determined to be adverse treatment on the basis of sex. This was so, even though not all women became pregnant, the policy still treated women adversely. The Court concluded that "the fact that discrimination is partial does not convert it into non-discrimination.