Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 is a leading decision by the Supreme Court of Canada, which first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect.
Theresa O'Malley was a Seventh-day Adventist who was employed by the retailer Simpsons-Sears.
There were no full-time shifts available that did not require work on Friday and Saturday and so the company terminated her employment.
The issue before the Supreme Court was whether the requirement for all employees to work on Friday and Saturday was discriminatory against her religion.
McIntyre J, writing for a unanimous Court, held Simpons-Sears had discriminated against O'Malley.