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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 07:58, 4 August 2017
, 07:58, 4 August 2017→8. Sex (includes sexual harassment, pregnancy discrimination and transgender discrimination)
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In BC, protection on the basis of sexual orientation is provided in the areas of employment; employment advertising; membership in a trade union, employer’s organization, or occupational association; public services; publications; tenancy and purchase of property. | In BC, protection on the basis of sexual orientation is provided in the areas of employment; employment advertising; membership in a trade union, employer’s organization, or occupational association; public services; publications; tenancy and purchase of property. | ||
=== 8. Sex (includes sexual harassment, pregnancy | === 8. Sex (includes sexual harassment, pregnancy discrimination) === | ||
Discrimination on the basis of sex, which is prohibited under the HRC, includes sexual harassment. Sexual harassment is defined as “unwelcome conduct of a sexual nature that detrimentally affects a work environment or leads to adverse job-related consequences for the victims of harassment”. Please refer to | Discrimination on the basis of sex, which is prohibited under the HRC, includes sexual harassment. Sexual harassment is defined as “unwelcome conduct of a sexual nature that detrimentally affects a work environment or leads to adverse job-related consequences for the victims of harassment”. Please refer to Janzen v Platy Enterprises Ltd, [1989] 1 SCR 1252 at 1284. | ||
In | In PN v. FR and another (No. 2), 2015 BCHRT 60, the HRT increased the damages available for cases of sexual harassment by awarding $50,000 for injury to dignity to a domestic foreign worker who was sexually harassed and assaulted. This case also involved allegations of discrimination based on family status, race, age, colour and place of origin. | ||
Sexual harassment can take a number of forms. One such form may occur when the employer or a supervisory employee requires another employee to submit to sexual advances as a condition of obtaining or keeping employment or employment-related benefits. It may also occur when employees are forced to work in an environment that is hostile, offensive, or intimidating, such as where an employer allows pornography to be posted in the workplace. It is not generally necessary for an employee to expressly object to their harasser before filing a complaint. There is also no requirement of continuing harassment; a single incident is sufficient if serious. | Sexual harassment can take a number of forms. One such form may occur when the employer or a supervisory employee requires another employee to submit to sexual advances as a condition of obtaining or keeping employment or employment-related benefits. It may also occur when employees are forced to work in an environment that is hostile, offensive, or intimidating, such as where an employer allows pornography to be posted in the workplace. It is not generally necessary for an employee to expressly object to their harasser before filing a complaint. There is also no requirement of continuing harassment; a single incident is sufficient if serious. | ||
The test for whether sexual harassment occurred is an objective standard. It must be shown that the alleged discriminatory conduct is “reasonably perceived to create a negative psychological and emotional environment for work.” Please refer to | The test for whether sexual harassment occurred is an objective standard. It must be shown that the alleged discriminatory conduct is “reasonably perceived to create a negative psychological and emotional environment for work.” Please refer to Mottu v MacLeod, 2004 BCHRT 76 at para 41 where the Tribunal found that dress code requirements based on sex could constitute discrimination on the basis of sex. The test must also take into account the customary boundaries of social interaction in the circumstances. There may not be an action if the complaint arises due to the claimant’s innate sensitivity or defensiveness. Factors that are examined to determine the limits of reasonableness in a particular context include the nature of the conduct, the workplace environment, the type of prior personal interaction, and whether a prior objection or complaint was made. It is no defence to harassment, however, to show that harassing behaviour was traditionally tolerated in a workplace. | ||
=== 9. Age (19 or over) === | === 9. Age (19 or over) === | ||
