- The complainant has a characteristic that is protected against discrimination under the Human Rights Code (race, colour and ethnic origin are generally mentioned in the various codes);
- The complainant was treated unfavourably;
- The ground of protection had a role to play in the prejudicial treatment.

International Day for the Elimination of Racial Discrimination
Everyone has the right to be treated equally in the workplace. This right is guaranteed by the Canadian Charter of Rights and Freedoms.
Although human rights matters may fall under federal, provincial or territorial jurisdiction, all levels of government take a similar approach to discrimination. There is no precise definition of discrimination in the various Human Rights codes, but the understanding of discrimination has evolved from case law.
On the basis of case law, the burden is on the complainant to prove a prima facie case of discrimination, that is, before resorting to the search for evidence in order for his/her complaint to proceed. The general criteria for meeting this requirement, established over time by the case law, are as follows: