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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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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal|date= February 2018}} {{Dial-A-Law TOC|expanded = rights}}
 
{{Dial-A-Law TOC|expanded = rights}}
British Columbia has a law to help protect you from discrimination and harassment. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.
British Columbia has a law to help protect you from discrimination and harassment. Learn what it covers, and what’s involved in making a complaint that someone has discriminated against you.


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===You are protected from discrimination in the workplace===  
===You are protected from discrimination in the workplace===  
Everyone has a right to be free from discrimination in their work. This includes hiring, firing, wages, benefits, hours, and other terms and conditions of work. It also includes the workplace environment. Treating someone badly based on one of the protected grounds in section 13 of the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code]'' is prohibited. Employers must provide a discrimination-free workplace, and they may be liable for discrimination, including harassment, by their workers. (For more on harassment in the workplace, see our information on [[Sexual Harassment (Script 271)|sexual harassment, no. 271]].)  
Everyone has a right to be free from discrimination in their work. This includes hiring, firing, wages, benefits, hours, and other terms and conditions of work. It also includes the workplace environment. Treating someone badly based on one of the protected grounds in section 13 of the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code]'' is prohibited. Employers must provide a discrimination-free workplace, and they may be liable for discrimination, including harassment, by their workers. (For more on harassment in the workplace, see our information on [[Sexual Harassment (No. 271)|sexual harassment, no. 271]].)  


====The employer’s duty to accommodate====
====The employer’s duty to accommodate====
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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.


See our information on [[Protection Against Job Discrimination (Script 270)|protection against job discrimination (no. 270)]] for more on discrimination in the workplace.
See our information on [[Protection Against Job Discrimination (No. 270)|protection against job discrimination (no. 270)]] for more on discrimination in the workplace.


===You are protected from discrimination when renting property===
===You are protected from discrimination when renting property===
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{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
Identifying a duty to accommodate and determining what amounts to undue hardship can vary from case to case. If you think a duty to accommodate may apply to your situation, you can seek legal advice. See our information on [[Low Cost and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]].
Identifying a duty to accommodate and determining what amounts to undue hardship can vary from case to case. If you think a duty to accommodate may apply to your situation, you can seek legal advice. See our information on [[Free and Low-Cost Legal Help (No. 430)|free and low-cost legal help (no. 430)]].
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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.  
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.  
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 (No. 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 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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:Web: [http://thelawcentre.ca/ thelawcentre.ca]
:Web: [http://thelawcentre.ca/ thelawcentre.ca]
   
   
[updated February 2018]
'''The above was last reviewed for legal accuracy by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''


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