Case A

Mr S had a PhD and extensive work experience in environ- mental science. However, after he immigrated to Canada from India, he was unable to get a job in keeping with his background. He ended up taking a job in landscaping to pay bills. he heard that the provincial government

was advertising several entry-level environmental positions, he immediately applied for one of them. His interview went well, and he was very hopeful that he would receive an offer. Despite being one of the best-qualified candidates, the interview team decided to not offer him the job. The team was concerned that he was overqualified, that the job would bore him, and he would leave as soon as he found something more suitable. High turnover rates were already a problem. When Mr. S found out that he did not get one of these entry- level positions despite his extensive qualifications and the positive interview, he was very disappointed. He decided to file a human rights application.

1. On what possible ground(s) of prohibited discrimination can Mr. S base his claim?

2. Assuming that the employer acted in good faith and that overqualification was the actual basis for not offering Mr S a position, did the employer discriminate against him contrary to the BC Human Rights Code? Explain your answer.