Skye is a qualified social worker and recently applied for a job as a "youth counsellor" for an organization that offers counselling and support to visible minority youth and to LGBTQ+ youth. Youth counsellors are to connect with youth and provide guidance and mental health support and to act as role models for the youth.

At the interview, Skye is quizzed on her professional qualifications, experience, and her 'philosophy' around youth support. She is also asked questions about her sexuality. She does not get the job and calls the interviewer to ask why she was not hired, and the interviewer tells her: "To be honest, you don't look right for this job. And you're straight." Skye calls you to ask if she has a good Human Rights Code complaint.

1. Does Skye have a basis for filing a HRC complaint? On what grounds? What would Skye need to do to prove her case? Are there and restrictions on her bringing it? If you think more facts are required to answer the question, state what facts you would need and why.

2. If a complaint were filed, what defences could the employer argue? What would the employer need to do to satisfy these defences? What is the likelihood of the employer being successful do you think?