What is the test for discrimination against a person who has been identified as having been diagnosed as a member of a particular social group?
Ontario, Canada
The following excerpt is from McConaghie v. Systemgroup Consulting Inc., 2014 HRTO 295 (CanLII):
As stated above, the respondent relies on Law Society British Columbia v. Andrews, above, at para. 37. That paragraph concludes with the following: Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual’s merits and capacities will rarely be so classed.
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