Case A
Mr S had a PhD and extensive work experience in environ- mentalscience. However, after he immigrated to Canada from India, he wasunable to get a job in keeping with his background. He ended uptaking a job in landscaping to pay bills. he heard that theprovincial government
was advertising several entry-level environmental positions, heimmediately applied for one of them. His interview went well, andhe was very hopeful that he would receive an offer. Despite beingone of the best-qualified candidates, the interview team decided tonot offer him the job. The team was concerned that he wasoverqualified, that the job would bore him, and he would leave assoon as he found something more suitable. High turnover rates werealready a problem. When Mr. S found out that he did not get one ofthese entry- level positions despite his extensive qualificationsand the positive interview, he was very disappointed. He decided tofile a human rights application.
1. On what possible ground(s)of prohibited discrimination can Mr. S base his claim?
2. Assuming that the employeracted in good faith and that “overqualification” was theactual basis for not offering Mr S a position, did the employerdiscriminate against him contrary to the BC Human RightsCode? Explain your answer.
Case A Mr S had a PhD and extensive work experience in environ- mental science. However, after he immigrated to Canada f
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