Protection Against Job Discrimination - Revision history

Elena Renderos at 05:53, 14 November 2023

2023-11-14T05:53:08Z

Drew Jackson: Drew Jackson moved page Protection Against Job Discrimination (No. 270) to Protection Against Job Discrimination: Taking out recording numbers

2023-11-08T00:41:49Z

Drew Jackson moved page Protection Against Job Discrimination (No. 270) to Protection Against Job Discrimination: Taking out recording numbers

← Older revision	Revision as of 00:41, 8 November 2023
(No difference)

Drew Jackson at 22:12, 29 March 2019

2019-03-29T22:12:08Z

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	{{REVIEWEDPLS \| reviewer = Bradley Martyniuk, Lindsay Kenney, and Katherine Hardie, BC Human Rights Tribunal\|date= June 2018}} {{Dial-A-Law TOC\|expanded = work}}		{{REVIEWEDPLS \| reviewer = Bradley Martyniuk, Lindsay Kenney, and Katherine Hardie, BC Human Rights Tribunal\|date= June 2018}} {{Dial-A-Law TOC\|expanded = work}}
	Being treated differently than others based on personal characteristics is called discrimination. The law protects you from discrimination at work. Learn your rights and options if someone discriminates against you.		Being treated differently than others based on personal characteristics is called '''discrimination'''. The law protects you from discrimination at work. Learn your rights and options if someone discriminates 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 06:17, 29 March 2019

2019-03-29T06:17:03Z

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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = Bradley Martyniuk, Lindsay Kenney, and Katherine Hardie, BC Human Rights Tribunal\|date= June 2018}} {{Dial-A-Law TOC\|expanded = work}}

	{{Dial-A-Law TOC\|expanded = ~~employment~~}}
	Being treated differently than others based on personal characteristics is called discrimination. The law protects you from discrimination at work. Learn your rights and options if someone discriminates against you.		Being treated differently than others based on personal characteristics is called discrimination. The law protects you from discrimination at work. Learn your rights and options if someone discriminates against you.

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	You can '''make a complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q 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.		You can '''make a complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q 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.

	You must file a complaint with the tribunal within '''one year''' of when the discrimination happened. 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] or by calling 604-775-2000 in Vancouver or 1-888-440-8844 elsewhere in BC. Our information on [[Human Rights and Discrimination Protection (~~Script~~ 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint. We explain what to expect from the process shortly.		You must file a complaint with the tribunal within '''one year''' of when the discrimination happened. 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] or by calling 604-775-2000 in Vancouver or 1-888-440-8844 elsewhere in BC. Our information on [[Human Rights and Discrimination Protection (No. 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint. We explain what to expect from the process shortly.

	====Option 2. Complain to the Employment Standards Branch====		====Option 2. Complain to the Employment Standards Branch====
	If your employer didn’t follow the ''[http://canlii.ca/t/8405 Employment Standards Act]'', you can '''make a complaint''' to the Employment Standards Branch, the government office that administers that Act. It covers some situations that can also bring the ''Human Rights Code'' into play. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. The Employment Standards Branch has different powers than does the Human Rights Tribunal. See our information on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired (no. 241)]] for more details on making a complaint to the Branch.		If your employer didn’t follow the ''[http://canlii.ca/t/8405 Employment Standards Act]'', you can '''make a complaint''' to the Employment Standards Branch, the government office that administers that Act. It covers some situations that can also bring the ''Human Rights Code'' into play. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. The Employment Standards Branch has different powers than does the Human Rights Tribunal. See our information on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired (no. 241)]] for more details on making a complaint to the Branch.

	====Option 3. Sue for wrongful dismissal====		====Option 3. Sue for wrongful dismissal====
	If you lose your job because of discrimination, you may decide to sue in court for '''wrongful dismissal'''. You may be able to recover more in damages than in a human rights complaint. On the other hand, bringing a lawsuit is an involved and expensive process. See our information on [[If You~~'re~~ Fired - Wrongful Dismissal (~~Script~~ 241)\|if you are fired (no. 241)]] and [[~~What is Small Claims Court?~~ (~~Script~~ 165)\|starting a lawsuit (no. 165)]] for more details.		If you lose your job because of discrimination, you may decide to sue in court for '''wrongful dismissal'''. You may be able to recover more in damages than in a human rights complaint. On the other hand, bringing a lawsuit is an involved and expensive process. See our information on [[If You Are Fired: Wrongful Dismissal (No. 241)\|if you are fired (no. 241)]] and [[Starting a Lawsuit (No. 165)\|starting a lawsuit (no. 165)]] for more details.

	====Option 4. If you belong to a union====		====Option 4. If you belong to a union====
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	\|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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	===Are there time limits for filing a human rights complaint or suing?===		===Are there time limits for filing a human rights complaint or suing?===
	Yes, there are time limits in both cases. You have one year from when the discrimination occurs to file a complaint with the Human Rights Tribunal. 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. There are also time limits for suing in court — see our information on [[~~What is Small Claims Court?~~ (~~Script~~ 165)\|starting a lawsuit (no. 165)]] for details.		Yes, there are time limits in both cases. You have one year from when the discrimination occurs to file a complaint with the Human Rights Tribunal. 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. There are also time limits for suing in court — see our information on [[Starting a Lawsuit (No. 165)\|starting a lawsuit (no. 165)]] for details.

	==Get help==		==Get help==
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	:Web: [http://thelawcentre.ca/ thelawcentre.ca]		:Web: [http://thelawcentre.ca/ thelawcentre.ca]



	~~[updated June 2018]~~

	~~'''The above was last reviewed for legal accuracy by Bradley Martyniuk, Lindsay Kenney, and Katherine Hardie, BC Human Rights Tribunal.'''~~

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Drew Jackson: Drew Jackson moved page Protection Against Job Discrimination (Script 270) to Protection Against Job Discrimination (No. 270): Align with new Dial-A-Law website

2019-03-22T00:04:51Z

Drew Jackson moved page Protection Against Job Discrimination (Script 270) to Protection Against Job Discrimination (No. 270): Align with new Dial-A-Law website

← Older revision	Revision as of 00:04, 22 March 2019
(No difference)

Drew Jackson: /* Are there time limits for filing a human rights complaint or suing? */

2019-03-11T22:21:38Z

Are there time limits for filing a human rights complaint or suing?

← Older revision		Revision as of 22:21, 11 March 2019
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	===Are there time limits for filing a human rights complaint or suing?===		===Are there time limits for filing a human rights complaint or suing?===
	Yes, there are time limits in both cases. You have ~~six months~~ from when the discrimination occurs to file a complaint with the Human Rights Tribunal. 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. There are also time limits for suing in court — see our information on [[What is Small Claims Court? (Script 165)\|starting a lawsuit (no. 165)]] for details.		Yes, there are time limits in both cases. You have one year from when the discrimination occurs to file a complaint with the Human Rights Tribunal. 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. There are also time limits for suing in court — see our information on [[What is Small Claims Court? (Script 165)\|starting a lawsuit (no. 165)]] for details.

	==Get help==		==Get help==

Drew Jackson: /* Option 1. Make a human rights complaint */

2019-03-11T22:21:07Z

Option 1. Make a human rights complaint

← Older revision		Revision as of 22:21, 11 March 2019
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	You can '''make a complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q 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.		You can '''make a complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q 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.

	You must file a complaint with the tribunal within '''~~six months~~''' of when the discrimination happened. 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] or by calling 604-775-2000 in Vancouver or 1-888-440-8844 elsewhere in BC. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint. We explain what to expect from the process shortly.		You must file a complaint with the tribunal within '''one year''' of when the discrimination happened. 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] or by calling 604-775-2000 in Vancouver or 1-888-440-8844 elsewhere in BC. Our information on [[Human Rights and Discrimination Protection (Script 236)\|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint. We explain what to expect from the process shortly.

	====Option 2. Complain to the Employment Standards Branch====		====Option 2. Complain to the Employment Standards Branch====

Dial-A-Law: /* Option 2. Complain to the Employment Standards Branch */

2019-03-03T07:05:18Z

Option 2. Complain to the Employment Standards Branch

← Older revision		Revision as of 07:05, 3 March 2019
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	====Option 2. Complain to the Employment Standards Branch====		====Option 2. Complain to the Employment Standards Branch====
	If your employer didn’t follow the ;;[http://canlii.ca/t/8405 Employment Standards Act]'', you can '''make a complaint''' to the Employment Standards Branch, the government office that administers that Act. It covers some situations that can also bring the ''Human Rights Code'' into play. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. The Employment Standards Branch has different powers than does the Human Rights Tribunal. See our information on [[If You're Fired - Wrongful Dismissal (Script 241)\|if you are fired (no. 241)]] for more details on making a complaint to the Branch.		If your employer didn’t follow the ''[http://canlii.ca/t/8405 Employment Standards Act]'', you can '''make a complaint''' to the Employment Standards Branch, the government office that administers that Act. It covers some situations that can also bring the ''Human Rights Code'' into play. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. The Employment Standards Branch has different powers than does the Human Rights Tribunal. See our information on [[If You're Fired - Wrongful Dismissal (Script 241)\|if you are fired (no. 241)]] for more details on making a complaint to the Branch.

	====Option 3. Sue for wrongful dismissal====		====Option 3. Sue for wrongful dismissal====

Dial-A-Law: /* To the point of undue hardship */

2019-03-03T07:03:57Z

To the point of undue hardship

← Older revision		Revision as of 07:03, 3 March 2019
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	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'''”.

	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.		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.

	===An exception for a “bona fide occupational requirement”===		===An exception for a “bona fide occupational requirement”===

Dial-A-Law at 07:02, 3 March 2019

2019-03-03T07:02:01Z

Show changes