In order to meet the burden of proof that prima facie discrimination has occurred, the complainant has to present a case which substantiates the allegations made and which is sufficient to justify a finding in favour of the complainant in the absence of an answer from the respondent. The Court in O’Malley v. Simpson Sears noted that it is not necessary to prove that discrimination was intentional to find a violation of the human rights legislation has occurred. An employment rule, neutral on its face and honestly made, can have discriminatory effects. It is the result or the effect of an act which is important in determining whether discrimination has occurred. If such a burden is met, the onus shifts to the respondent to prove, on a balance of probabilities, that the contravention was reasonable and justifiable in the circumstances.
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