The Tribunal considered the employer's records when deciding whether the complaint established a prima facie case of racial discrimination, finding that reliable performance evidence explained the decision not to hire without needing a separate justification defence. General evidence of systemic racism and speculation about other hires couldn't establish that race influenced this selection or that the employer followed a discriminatory hiring practice.
Case card
Davidson v. Global Affairs Canada, 2026 CHRT 99
Source reviewed · Court holding
Held. The Tribunal considered the employer's records when deciding whether the complaint established a prima facie case of racial discrimination, finding that reliable performance evidence explained the decision not to hire without needing a separate…
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