Reference no: EM133322372

Topic: Aditi applied for a job as a "service attendant" for a private executive-class commuter bus company that will operate in southern Ontario between cities. Service attendants, dressed in fashionable tailored uniforms, will move down the aisles serving food and drinks and supplying earphones and blankets, like flight attendants on planes. Aditi does not get the job and she hears that the women hired all look like "supermodels". She calls the interviewer to ask why she was not hired and the interviewer tells her: "To be honest, you're a little chunky for the job". Aditi calls you to ask if she has a good Human Rights Complaint.

Question 1. Does Aditi have a basis for filing a Human Right Complaint? If you think more facts are required to answer the question, state what facts you would need and why. That said, make your best argument with the facts you have.

Question 2. What would Aditi need to do to prove discrimination and what is her burden of proof?

Question 3. If Aditi meets her initial burden of proof, what would the employer need to do in response to defend itself from the allegation?

Question 4. If her complaint about discrimination was successfully proven, does the employer have any further defence(s)? Specify and explain.

Question 5. In employing its defence(s), how far must the employer go i.e. what tests would it need to satisfy the requirements for such a defence?