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Difference between revisions of "Human Rights and Discrimination Protection"
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Human Rights and Discrimination Protection (view source)
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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 | 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. | ||
==== | ====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. | ||
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 ''' | 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. | |||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If you complain to the Human Rights Tribunal, and also | 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 | ==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 | 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== | ||
=== | ===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- | :Telephone: 604-622-1100 in Vancouver | ||
:Toll-free: 1- | :Toll-free: 1-855-685-6222 | ||
:Web: [https://www.bchrc.net bchrc.net] | :Web: [https://www.bchrc.net bchrc.net] | ||
