Aliya is the human resources manager at a local retail store. She is looking to hire a new salesclerk. She receives three applications, one each from Applicant Xu, Yasmin, and Zola. All of the applicants look comparable in terms of work experience. Aliya decides to search the Facebook profiles of each of them. She learns from this search that Xu is in her 40s, Yasmin likes to party a lot, and Zola was recently married. Aliya thinks someone in their 40s is a little old for the image of the store, that partiers are prone to miss or be late for morning shifts, and that newlyweds tend to get pregnant. None of the applicants are hired, and they learn these reasons. Explain whether any of the applicants could establish a prima facie case of discrimination on the basis of a prohibited ground.

Please try to give detailed explanation, with reference to Ontario HRC in Canada.

References

1: Ontario Human Rights Code: https://www.ontario.ca/laws/statute/90h19#BK3

2: Textbook: The Law of Work Second Canadian Edition, written by David J. Doorey