Human Rights and Discrimination Protection - Revision history

Elena Renderos at 23:51, 2 October 2023

2023-10-02T23:51:46Z

Elena Renderos at 06:03, 10 November 2020

2020-11-10T06:03:18Z

Elena Renderos: Elena Renderos moved page Human Rights and Discrimination Protection (No. 236) to Human Rights and Discrimination Protection: Removing recording numbers from page names

2020-09-12T05:08:30Z

Elena Renderos moved page Human Rights and Discrimination Protection (No. 236) to Human Rights and Discrimination Protection: Removing recording numbers from page names

← Older revision	Revision as of 05:08, 12 September 2020
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Drew Jackson at 17:00, 31 March 2019

2019-03-31T17:00:28Z

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	{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and ~~[http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315~~ Katherine Hardie], BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = rights}}		{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track] of the Community Legal Assistance Society and Katherine Hardie of the BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = rights}}
	British Columbia has a law to help protect you from discrimination and harassment. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.		British Columbia has a law to help protect you from '''discrimination''' and '''harassment'''. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://thelawcentre.ca/ thelawcentre.ca]		:Web: [http://thelawcentre.ca/ thelawcentre.ca]


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Elena Renderos at 05:41, 29 March 2019

2019-03-29T05:41:06Z

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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal\|date= February 2018}} {{Dial-A-Law TOC\|expanded = rights}}

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	British Columbia has a law to help protect you from discrimination and harassment. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.		British Columbia has a law to help protect you from discrimination and harassment. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.

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	===You are protected from discrimination in the workplace===		===You are protected from discrimination in the workplace===
	Everyone has a right to be free from discrimination in their work. This includes hiring, firing, wages, benefits, hours, and other terms and conditions of work. It also includes the workplace environment. Treating someone badly based on one of the protected grounds in section 13 of the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code]'' is prohibited. Employers must provide a discrimination-free workplace, and they may be liable for discrimination, including harassment, by their workers. (For more on harassment in the workplace, see our information on [[Sexual Harassment (~~Script~~ 271)\|sexual harassment, no. 271]].)		Everyone has a right to be free from discrimination in their work. This includes hiring, firing, wages, benefits, hours, and other terms and conditions of work. It also includes the workplace environment. Treating someone badly based on one of the protected grounds in section 13 of the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code]'' is prohibited. Employers must provide a discrimination-free workplace, and they may be liable for discrimination, including harassment, by their workers. (For more on harassment in the workplace, see our information on [[Sexual Harassment (No. 271)\|sexual harassment, no. 271]].)

	====The employer’s duty to accommodate====		====The employer’s duty to accommodate====
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	Employers may be able to justify discrimination if it is based on a '''bona fide occupational requirement'''. For example, a pilot must have 20/20 vision.		Employers may be able to justify discrimination if it is based on a '''bona fide occupational requirement'''. For example, a pilot must have 20/20 vision.

	See our information on [[Protection Against Job Discrimination (~~Script~~ 270)\|protection against job discrimination (no. 270)]] for more on discrimination in the workplace.		See our information on [[Protection Against Job Discrimination (No. 270)\|protection against job discrimination (no. 270)]] for more on discrimination in the workplace.

	===You are protected from discrimination when renting property===		===You are protected from discrimination when renting property===
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Identifying a duty to accommodate and determining what amounts to undue hardship can vary from case to case. If you think a duty to accommodate may apply to your situation, you can seek legal advice. See our information on [[Low Cost ~~and Free~~ Legal ~~Services~~ (~~Script~~ 430)\|free and low-cost legal help (no. 430)]].		Identifying a duty to accommodate and determining what amounts to undue hardship can vary from case to case. If you think a duty to accommodate may apply to your situation, you can seek legal advice. See our information on [[Free and Low-Cost Legal Help (No. 430)\|free and low-cost legal help (no. 430)]].
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	You can '''make a human rights complaint''' to the Human Rights Tribunal. The tribunal deals with complaints under the ''Human Rights Code''. It operates like a court but is less formal. It has staff who help people resolve complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination. We explain the process to make a complaint to the tribunal shortly.		You can '''make a human rights complaint''' to the Human Rights Tribunal. The tribunal deals with complaints under the ''Human Rights Code''. It operates like a court but is less formal. It has staff who help people resolve complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination. We explain the process to make a complaint to the tribunal shortly.

	If the discrimination is at your '''place of work''' and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to the Employment Standards Branch, the government office that administers the ''Employment Standards Act''. Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on [[Protection Against Job Discrimination (~~Script~~ 270)\|protection against job discrimination (no. 270)]] for more on these options.		If the discrimination is at your '''place of work''' and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to the Employment Standards Branch, the government office that administers the ''Employment Standards Act''. Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on [[Protection Against Job Discrimination (No. 270)\|protection against job discrimination (no. 270)]] for more on these options.

	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	If you complain to the Human Rights Tribunal, and also pursue another option (by filing a union grievance, making a complaint under the Employment Standards Act, or suing the employer for wrongful dismissal), the tribunal can wait until the other process is finished before dealing with your complaint. It is a good idea to seek legal advice on your options. See our information on [[Low Cost ~~and Free~~ Legal ~~Services~~ (~~Script~~ 430)\|free and low-cost legal help (no. 430)]].		If you complain to the Human Rights Tribunal, and also pursue another option (by filing a union grievance, making a complaint under the Employment Standards Act, or suing the employer for wrongful dismissal), the tribunal can wait until the other process is finished before dealing with your complaint. It is a good idea to seek legal advice on your options. See our information on [[Free and Low-Cost Legal Help (No. 430)\|free and low-cost legal help (no. 430)]].
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	:Web: [http://thelawcentre.ca/ thelawcentre.ca]		:Web: [http://thelawcentre.ca/ thelawcentre.ca]



	~~[updated February 2018]~~

	'''The above was last reviewed for legal accuracy by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''

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Drew Jackson: Drew Jackson moved page Human Rights and Discrimination Protection (Script 236) to Human Rights and Discrimination Protection (No. 236): align with new Dial-A-Law website

2019-03-22T01:01:24Z

Drew Jackson moved page Human Rights and Discrimination Protection (Script 236) to Human Rights and Discrimination Protection (No. 236): align with new Dial-A-Law website

← Older revision	Revision as of 01:01, 22 March 2019
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Drew Jackson: /* You are protected against discrimination under BC law */

2019-03-13T19:41:19Z

You are protected against discrimination under BC law

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	The Code prohibits discrimination in these '''areas''':		The Code prohibits discrimination in these '''areas''':
	*employment		*employment (including membership in a trade union, employers’ organization or professional association)
	*renting or purchasing property		*renting or purchasing property
	*services and facilities open to the public		*services and facilities open to the public
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	*any criminal convictions can’t be a factor in how an employer treats you in the workplace (as long as the conviction is unrelated to the job)		*any criminal convictions can’t be a factor in how an employer treats you in the workplace (as long as the conviction is unrelated to the job)

	The BC Human Rights Clinic provides a [http://www.bchrc.net/overview_of_human_rights_law#protected chart of protected grounds and protected areas].		The BC Human Rights Clinic provides a [http://www.bchrc.net/overview_of_human_rights_law#protected chart of protected grounds and protected areas].

	===You are protected from discrimination in the workplace===		===You are protected from discrimination in the workplace===

Drew Jackson: /* Step 1. Make a complaint to the Human Rights Tribunal */

2019-03-11T22:20:13Z

Step 1. Make a complaint to the Human Rights Tribunal

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	===Step 1. Make a complaint to the Human Rights Tribunal===		===Step 1. Make a complaint to the Human Rights Tribunal===
	Get a '''complaint form''' from the Human Rights Tribunal, fill it in, and file it with the tribunal within '''~~six months~~''' of when the discrimination happened. If you wait longer than ~~six months~~, your complaint may still be accepted if the tribunal believes it is in the public interest to accept it and no party will be prejudiced because of the delay.		Get a '''complaint form''' from the Human Rights Tribunal, fill it in, and file it with the tribunal within '''one year''' of when the discrimination happened. If you wait longer than one year, your complaint may still be accepted if the tribunal believes it is in the public interest to accept it and no party will be prejudiced because of the delay.

	You can get a complaint form from the tribunal’s website at [http://www.bchrt.gov.bc.ca/complaint-process/complain/file.htm bchrt.bc.ca], from the tribunal office, or at government agent offices. The tribunal can handle complaints only if the ''Human Rights Code'' covers them. It is important to give all the information that supports your complaint. You can file the complaint in person, by mail, fax, courier, or email.		You can get a complaint form from the tribunal’s website at [http://www.bchrt.gov.bc.ca/complaint-process/complain/file.htm bchrt.bc.ca], from the tribunal office, or at government agent offices. The tribunal can handle complaints only if the ''Human Rights Code'' covers them. It is important to give all the information that supports your complaint. You can file the complaint in person, by mail, fax, courier, or email.

Drew Jackson at 14:11, 1 March 2019

2019-03-01T14:11:50Z

← Older revision		Revision as of 14:11, 1 March 2019
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	===You are protected against discrimination under BC law===		===You are protected against discrimination under BC law===
	If you’re treated differently than others based on personal characteristics such as the colour of your skin or your sex, it’s called '''discrimination'''. Discrimination can take ~~the form of harassment~~, unequal pay for similar work, publications that discriminate or spread hatred, or ~~simply,~~ negative differential treatment.		If you’re treated differently than others based on personal characteristics such as the colour of your skin or your sex, it’s called '''discrimination'''. Discrimination can take many forms. Harassment (conduct a reasonable person would consider objectionable or unwelcome), unequal pay for similar work, publications that discriminate or spread hatred, or negative differential treatment are all examples of discrimination.

	In BC, the ''[http://canlii.ca/t/843q Human Rights Code]'' prohibits discrimination based on various personal characteristics. These are called '''protected grounds'''. They include:		In BC, the ''[http://canlii.ca/t/843q Human Rights Code]'' prohibits discrimination based on various personal characteristics. These are called '''protected grounds'''. They include:
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	Employers must also '''accommodate''' workers to ensure they are treated fairly. Employers must take all reasonable steps to avoid a negative effect on a worker based on a protected characteristic. For example, a job requirement to work on a certain day may hurt someone whose religion prevents them from working on that day. Or, a person with a disability may not be able to perform a certain part of their job because of their disability. In these cases, the employer must make adjustments to accommodate these differences. They must take reasonable steps to remove the harm and support the worker to do the job.		Employers must also '''accommodate''' workers to ensure they are treated fairly. Employers must take all reasonable steps to avoid a negative effect on a worker based on a protected characteristic. For example, a job requirement to work on a certain day may hurt someone whose religion prevents them from working on that day. Or, a person with a disability may not be able to perform a certain part of their job because of their disability. In these cases, the employer must make adjustments to accommodate these differences. They must take reasonable steps to remove the harm and support the worker to do the job.

	====~~Undue~~ hardship====		====To the point of undue hardship====
	The employer’s duty to accommodate isn’t limitless. It extends only to the point where the accommodation starts causing the employer “'''undue hardship'''”.		The employer’s duty to accommodate isn’t limitless. It extends only to the point where the accommodation starts causing the employer “'''undue hardship'''”. Accommodation requires an employer and a worker to find a practical solution to accommodate the worker’s differences but not create an undue hardship on the employer. An employer may have to accept some hardship. That hardship might involve expense, inconvenience, or disruption — as long as it does not unduly interfere with the business.

	Many human rights cases involve complaints that an employer has not accommodated a worker’s disability. The ''Human Rights Code'' does not define disability. Cases have said a disability is involuntary, is somewhat permanent, and impairs a person's ability to carry out the normal functions of life. Accommodation requires an employer ~~'''~~and~~'''~~ a worker ~~(and a worker’s union, if they are in one)~~ to find a practical solution to accommodate the worker’s ~~disability~~ but not create an undue hardship on the employer. An employer may have to accept some hardship. That hardship might involve expense, inconvenience, or disruption — as long as it does not unduly interfere with the business.

	Employers may be able to justify discrimination if it is based on a '''bona fide occupational requirement'''. For example, a pilot must have 20/20 vision.		Employers may be able to justify discrimination if it is based on a '''bona fide occupational requirement'''. For example, a pilot must have 20/20 vision.
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	If you think someone has violated your human rights under the ''[http://canlii.ca/t/843q Human Rights Code]'', you have options.		If you think someone has violated your human rights under the ''[http://canlii.ca/t/843q Human Rights Code]'', you have options.

	You can make a '''~~complaint~~ to the Human Rights Tribunal~~'''~~. The tribunal deals with complaints under the ''Human Rights Code''. It operates like a court but is less formal. It has staff who help people ~~solve~~ complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination. We explain the process to make a complaint to the tribunal shortly.		You can '''make a human rights complaint''' to the Human Rights Tribunal. The tribunal deals with complaints under the ''Human Rights Code''. It operates like a court but is less formal. It has staff who help people resolve complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination. We explain the process to make a complaint to the tribunal shortly.

	If the discrimination is at your '''place of work''' and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to the Employment Standards Branch, the government office that administers the ''Employment Standards Act''. Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on [[Protection Against Job Discrimination (Script 270)\|protection against job discrimination (no. 270)]].

	~~You could~~ '''~~seek legal advice~~''' on ~~your options~~. ~~You could try the Lawyer Referral Service (call 1-800-663-1919) or see~~ our information on [[~~Low Cost and Free Legal Services~~ (Script ~~430~~)\|~~free and low-cost legal help~~ (no. ~~430~~)]].		If the discrimination is at your '''place of work''' and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to the Employment Standards Branch, the government office that administers the ''Employment Standards Act''. Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on [[Protection Against Job Discrimination (Script 270)\|protection against job discrimination (no. 270)]] for more on these options.

	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	If you complain to the Human Rights Tribunal, and also ~~file~~ a ~~complaint (~~grievance~~) with~~ a ~~union~~ or ~~sue your~~ employer for wrongful dismissal, the tribunal can wait ~~to deal with your complaint~~ until ~~your~~ other ~~matter~~ is finished~~, if it will deal~~ with ~~the discrimination~~.		If you complain to the Human Rights Tribunal, and also pursue another option (by filing a union grievance, making a complaint under the Employment Standards Act, or suing the employer for wrongful dismissal), the tribunal can wait until the other process is finished before dealing with your complaint. It is a good idea to seek legal advice on your options. See our information on [[Low Cost and Free Legal Services (Script 430)\|free and low-cost legal help (no. 430)]].
	\|}		\|}

	==To make a ~~discrimination~~ complaint==		==To make a human rights complaint==

	===Step 1. Make a complaint to the Human Rights Tribunal===		===Step 1. Make a complaint to the Human Rights Tribunal===
	Get a '''complaint form''' from the Human Rights Tribunal, fill it in, and file it with the tribunal within '''six months''' of when the discrimination happened. If you wait ~~more~~ than six months ~~to file~~ your complaint~~, you must explain on~~ the ~~form why you are filing late~~.		Get a '''complaint form''' from the Human Rights Tribunal, fill it in, and file it with the tribunal within '''six months''' of when the discrimination happened. If you wait longer than six months, your complaint may still be accepted if the tribunal believes it is in the public interest to accept it and no party will be prejudiced because of the delay.

	You can get a complaint form from the tribunal’s website at [http://www.bchrt.gov.bc.ca/complaint-process/complain/file.htm bchrt.bc.ca], from the tribunal office, or at government agent offices. The tribunal can handle complaints only if the ''Human Rights Code'' covers them. It is important to give all the information that supports your complaint. You can file the complaint in person, by mail, fax, courier, or email.		You can get a complaint form from the tribunal’s website at [http://www.bchrt.gov.bc.ca/complaint-process/complain/file.htm bchrt.bc.ca], from the tribunal office, or at government agent offices. The tribunal can handle complaints only if the ''Human Rights Code'' covers them. It is important to give all the information that supports your complaint. You can file the complaint in person, by mail, fax, courier, or email.
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	==Get help==		==Get help==

	===~~Filing~~ a human rights complaint===		===With a human rights complaint===
	The '''BC Human Rights Clinic''' may be able to help you file a complaint with the Human Rights Tribunal and help you at a hearing. The clinic is operated by the Community Legal Assistance Society (CLAS).		The '''BC Human Rights Clinic''' may be able to help you file a complaint with the Human Rights Tribunal and help you at a hearing. The clinic is operated by the Community Legal Assistance Society (CLAS).
	:Telephone: 604-~~689~~-~~8474~~ in Vancouver		:Telephone: 604-622-1100 in Vancouver
	:Toll-free: 1-~~877~~-~~689~~-~~8474~~		:Toll-free: 1-855-685-6222
	:Web: [https://www.bchrc.net bchrc.net]		:Web: [https://www.bchrc.net bchrc.net]

Dial-A-Law: /* Filing a human rights complaint */

2019-03-01T05:52:18Z

Filing a human rights complaint

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	'''The above was last reviewed for legal accuracy by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''		'''The above was last reviewed for legal accuracy by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''

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