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InO'Malley(1985), the Supreme Court ruled that an employer had failed to accommodate, to the point of undue hardship, a Seventh day Adventistemployee who lost her full time status when she refused to work on her Sabbath.

In Dhillen(1999), a tribunal determined that a Sikhmotorist wearing a turbanshould be allowed to take a test for a motorcycle license, because the potential risk incurred by not wearing a helmet affected only his own safety.

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In Nijjar(1999), a tribunal ruled that a Sikh passenger wearing a kirpan should not be allowed a seat on an airplane because the potential for injury affected the safety of other passengers.

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What does a complainant need to demonstrate in order to have a reasonable prospect of success in a religious discrimination case?

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systems analyst's complaint of religious discrimination in employment had no reasonable prospect of success: although she had demonstrated that she was Muslim and that she had faced adverse treatment (dismissal), she was unable to create a nexus between her creed and the adverse tratment. Her casesd was dismissed

In Sonnenberg v Centre Universitaire St. human rights tribunal ruled that Pizza Hut was liable for the threatening and derogatory remarks made by a Bosnian Serb employee to a Bosnian Muslim employee.

In Ali Tahmourpour(2008), the Canadian Human Rights Commission found a trainee had been wrongfully expelled from the training program on the basis of his religious beliefs and ethnic origin.

In Hsieh v York University(2009), a studentwas Under Armour Curry 2 Pe unable to prove that she had been adversely treated by a professor and an administrator because of her religious ased attidues against gay marriage and transgendered persons.

In Roosma(1995), however, an Ontario Board of Inquiry Under Armour Micro Speed Swift

In Fancy (1993), a Board of Inquiry ruled that a School Division had discriminated against religious minorities when it allowed schools to give Bible readings in the mornings and to recite the Lord's prayer at school assemblies.

Holy Days: When can an employee get time off to celebrate holy days?

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ruled that an employer was not guilty of discrimination when it dismissed two employees adhering to the Worldwide Church of God for repeatedly missing work on certain holy days because accommodating them would have incurred undue hardship.

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Special Interest Organizations: Under what circumstances may an employer fire an employee for religious non conformity?

In Hamedanian v Capilano University(2009), the BCHRT ruled that a Under Armour Drive Low

In Pannu(2000), however, a tribunal ruled Under Armour Sneakers For Boys

In Caldwell (1984), the Supreme Court of Canada ruled in favour of a Catholic High School who fired a teacher upon discovering that she was not Catholic.

In Noble v York univerisity (2004), an arbitrator ruled that the University had violated the Collective Agreement when it publically denonced (as racist and anit Semitic) the research of one of its tenure professors. It had not, however, defamed him. Even if the provision was based on creed, it constituted an innocuous breach of the code. The Court distinguished this case from the Re. Leonard case, where an educational trust was deemed to be contrary to public policy because of its overly seixt, racist and religious bias

Religious Discrimination and Accommodation

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that an employer had not discriminated against a Sikh recaust worker when it dismissed him for refusing to shave his beard because the potential risk incurred by having facial wear affected the safety of his co workers.

In Brockie (2000), an Ontario Board of Inquiry determined that a Born again Christian had unjustly discriminated against a gay client when the former refused, on religious grounds, to provide the latter with printing services.

Similarly, in Schroen(1999), a Board of Adjudication ruled in favour of a Mennonite college that dismissed an accounting clerk upon learning she was not Mennonite.

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Provision of Services: Do service providers have the right to discriminate, based on their religious beliefs, against groups protected by human rights law?

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