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

It should be noted that one might file a complaint on a combination of grounds and that discrimination does not need to have been the sole or primary motivating factor to establish a case on a particular ground, as long as discrimination was a contributing factor to the impugned action. Discrimination need not be intentional. Any policy or action that has an adverse effect on a protected group might be considered discriminatory. Please refer to ''Ont Human Rights Comm and O’Malley v Simpsons-Sears'', [1985] 2 SCR 536 at para 14. The policy or act does not have to affect every person in the group for it to be considered discriminatory. E.g., if a policy discriminates against only women that  are pregnant it would still be considered sex discrimination. As well, it is possible that an act or policy may affect men as well as women, but affect one sex to a disproportionate degree, in which case it could also qualify as sex discrimination.Discrimination can also be established on an “intersectional” basis. This means that the discriminatory action had an adverse impact on  the  basis  of multiple  protected  grounds, occurring  simultaneously,  which  cannot  easily  be  separated  from  one  another.  It  is  not always necessary to establish that each individual ground has been met where intersectional discrimination can be established. Please refer to Radek v Henderson Development (Canada) Ltd., 2005 BCHRT 302 para 463 for more information. If,  after  reading  the  HRC,  you  are  still  unsure whether the  impugned  action  lies within  the ambit  of  the  HRC,  contact  the  B.C.  Human  Rights  Clinic  (see Section  I.B:Resources, above).2.A ncestry, Colour, Place of Origin and RaceThe grounds of ancestry, colour, place of origin and race are included in the HRC as a means to  combat  racism  and  racial  discrimination.  Each  of  the  above  referenced  grounds  is protected  in  the  HRC  and  may  be  cited  individually  in  connection  with  a  discriminatory incident  or  grouped  together  in  order  to  better  illustrate  a  particular  situation.  For  further information  on  how  the  above  grounds  interact,  please  refer  to Torres  and  others  v.  Langtry Industries (No 5), 2009 BCHRT 3. Discrimination  on  the  basis  of  ancestry,  colour,  place  of  origin  or  race  can  also  be established where the respondent caused harm to the complainant by taking advantage of a vulnerability caused by the complainant's ancestry, colour, place of origin or race. For more information, see PN v. FR and another (No. 2), 2015 BCHRT 60 (CanLII). Please note that this decision is under Judicial Review as of June, 2015. In B.C., the grounds of ancestry, colour, place of origin and race are protected in the areas of employment; employment advertising; membership in a trade union, employer’ s organization or  occupational  association;  public  services  such  as  schools,  government  programs, restaurants, and stores; publications; tenancy; and purchase of property.3.Political BeliefThe HRC provides protection from discrimination due to political beliefs and/or affiliations in the areas of employment; employment advertising; and membership in a trade union, employer’ s organization or occupational association.  In BC, few human rights cases have been decided on the grounds of political belief and, as such, a comprehensive definition of what constitutes a political belief under the HRC has not been established.  The Tribunal has, however, identified two key principles in determining whether a complainant’ s belief should be protected under the HRC: