An employee says a workplace decision was discriminatory. The employer says the decision had nothing to do with a protected personal characteristic. Neither statement, standing alone, decides a human rights case. The decision maker must look at evidence and ask whether the complainant has established what lawyers call prima facie discrimination . That phrase means the legal elements of an initial discrimination case have been proven, not merely alleged. The three elements The Supreme Court of Canada explained the framework in Moore v. British Columbia (Education) , 2012 SCC 61. First, the person must have a characteristic protected by the applicable human rights legislation, such as disability or another enumerated ground. Second, the person must have experienced an adverse impact in an area protected by that legislation, such as employment, housing or services. Third, the protected characteristic must have been a factor in that adverse impact. The third element often requires the most attention. The law doesn't ordinarily require proof that the protected characteristic was the only factor, or that someone openly admitted discriminatory intent.
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