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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 21:47, 20 December 2022
, 21:47, 20 December 2022→8. Sex (includes sexual harassment, pregnancy discrimination)
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In BC, protection on the basis of sexual orientation is provided in the areas of publication, public services, purchase of property, tenancy, employment advertising, employment, and membership in a trade union, employer’s organization, or occupational association. | In BC, protection on the basis of sexual orientation is provided in the areas of publication, public services, purchase of property, tenancy, employment advertising, employment, and membership in a trade union, employer’s organization, or occupational association. | ||
=== 8. Sex ( | === 8. Sex (Includes Sexual harassment and Pregnancy) === | ||
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 the harassment” (''[https://www.canlii.org/en/ca/scc/doc/1989/1989canlii97/1989canlii97.html Janzen v Platy Enterprises Ltd]'', [1989] 1 SCR 1252 at 1284 [''Janzen'']). | 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 the harassment” (''[https://www.canlii.org/en/ca/scc/doc/1989/1989canlii97/1989canlii97.html Janzen v Platy Enterprises Ltd]'', [1989] 1 SCR 1252 at 1284 [''Janzen'']). | ||
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For a more recent case involving discrimination on the basis of sex, and more specifically sexual harassment in the employment context, see ''[https://www.canlii.org/en/bc/bchrt/doc/2019/2019bchrt97/2019bchrt97.html Araniva v RSY Contracting and another (No. 3)]'', 2019 BCHRT 97. | For a more recent case involving discrimination on the basis of sex, and more specifically sexual harassment in the employment context, see ''[https://www.canlii.org/en/bc/bchrt/doc/2019/2019bchrt97/2019bchrt97.html Araniva v RSY Contracting and another (No. 3)]'', 2019 BCHRT 97. | ||
There are also examples of cases involving sex discrimination that did not amount to sexual harassment. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2004/2004bchrt76/2004bchrt76.html 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. In ''Lund v Vernon Women’s Transition House Society'', 2004 BCHRT 26, the Tribunal found that an employer’s refusal to allow a female employee to breastfeed her child at work could also constitute sex discrimination. See also ''[https://www.canlii.org/en/bc/bchrt/doc/2021/2021bchrt5/2021bchrt5.html The Sales Associate v Aurora Biomed Inc. and others (No. 3)]'', 2021 BCHRT 5. | There are also examples of cases involving sex discrimination that did not amount to sexual harassment. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2004/2004bchrt76/2004bchrt76.html 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. In ''Lund v Vernon Women’s Transition House Society'', 2004 BCHRT 26, the Tribunal found that an employer’s refusal to allow a female employee to breastfeed her child at work could also constitute sex discrimination. See also ''[https://www.canlii.org/en/bc/bchrt/doc/2021/2021bchrt5/2021bchrt5.html The Sales Associate v Aurora Biomed Inc. and others (No. 3)]'', 2021 BCHRT 5. | ||
=== 9. Gender Identity or Expression === | === 9. Gender Identity or Expression === | ||
