Difference between revisions of "BC Human Rights Code (6:III)"

For case law on discrimination during the interview process, please refer to ''Khalil v Woori Education Group'', 2012 BCHRT 186 at para 29-45. An employer, under s 13, cannot refuse to employ someone on the ground mental or physical disability unless there is a ''bona fide'' occupational requirement (see subsection 6: Discrimination in Employment and the Duty to Accommodate).

5.Discrimination in WagesSection 12 states that wage parity between sexes is required for similar or substantially similar jobs. Please refer to Jules v United Native  Nations Society and Johnson, 2009 BCHRT  115.Recovery of wages is limited to wages of an employee during the twelve-month period immediately  before   the   earlier   of   the   date   of   the   employee's   termination   or   the commencement of the action. Most of the remedies under this section are  also available under s.13 which does not have a limitation on the period of time during which wages can be claimed.Limitation Dates: Section 12 of the HRC states: (a) the action must be commenced no later than 12 months from the termination of the employee's services, and (b) the action applies only to wages of an employee during the 12 month period immediately before the earlier of the date of the employee's  termination or the commencement of the action. This seems to imply a twelve-month limitation period. It is important to note, however, that s. 22 of the HRC sets a six-month limitation  period for all human rights complaints. This section does not include an exception for complaints made under s. 12, therefore, any complaint  made under s. 12 should be filed within six months of the incident of discrimination to ensure that the limitation date is not missed. See Anderson v. Commonwealth Construction and others, 2012 BCHRT 34for  an example of a s. 12 complaint which was dismissed for being filed more than six months after the complainant's termination date.It is not clear but it appears that the wording in s. 12 which sets a  limitation date of twelve months therefore applies only to separate actions taken under that section, and not to human rights complaints.Exception: A difference in the rate of pay between employees of different sexes based on a factor other than sex is allowed, provided  that the factor on which the difference is based would reasonably justify the difference.6.Discrimination in Employment and the Duty to A ccommodate Section 13 provides that no person shall refuse to employ another person or discriminate against a person with respect to employment or any  term or condition of employment on the basis of race, colour, ancestry, place of origin, political belief, religion, marital status, family  status, physical or mental disability, sex, sexual orientation, or age of that person or