How flaws in an investigation may lead to a finding of racial discrimination
Evidence of racial discrimination can be hard to come by. In Ontario, it is settled law that discrimination will more often be proven by circumstantial evidence and inference; the law has also accepted the principle that racial stereotyping will usually be the result of subtle unconscious beliefs, biases, and prejudices.
A recent decision from the Human Rights Tribunal of Ontario shows how an external review body may make such an inference based on flaws in an organization’s investigation.
