I Am Being Discriminated against or Sexually Harassed

The law prohibits discrimination in housing, the workplace and the provision of services, where the discrimination is based on grounds such as race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status, disability or criminal record. Some aspects of discrimination in the workplace are excused if the discrimination is a bona fide (reasonable and necessary) occupational requirement.

First steps

1. If the discrimination happened in the workplace, get a copy of your employer’s personnel policies. Most employers have a policy and procedure for dealing with harassment and employee grievances. It is usually best to follow the procedure in these internal policies first.
2. If you can’t resolve your complaint quickly using your employer’s policies, you can make a human rights complaint to either the BC Human Rights Tribunal (if you have a provincially regulated employer) or to the Canadian Human Rights Commission (if you have a federally regulated employer). Most employers are provincially regulated, but some—like the federal government, chartered banks, Indian Bands or tribal councils and national airlines or railways—are federally regulated.
3. To make a complaint against a provincially regulated employer, call the BC Human Rights Tribunal at 1-888-440-8844 or fill out the online complaint form at their website: www.bchrt.bc.ca. Complaint forms are also available at most Service BC (Government Agent) Offices. Generally complaints must be filed within 6 months of the discriminatory act.
4. To make a complaint against a federally regulated employer, call the Canadian Human Rights Commission at 1-888-643-3304 or fill out the online complaint form at their website: www.chrcccdp.ca. Click on “Resolving Disputes”, then “Dispute Resolution”, then “Dispute Resolution Process”.

What happens next

Once you make a complaint, a representative of the Tribunal or Commission will contact you. They will work with you and the discriminating party (respondent) to see if the problem can be resolved through mediation. If not, the matter may go to a hearing before a human rights tribunal.

If your complaint goes to a human rights tribunal, you (or your lawyer) will give your evidence of discrimination and call any witnesses to it. The employer (or its lawyer) can cross-examine you and your witnesses and then call witnesses of its own. You or your lawyer will be able to cross-examine these witnesses. The tribunal member will decide whether you have proved the discrimination, and can order the employer to stop the discriminating behaviour and/or pay you compensation for the harm done to you.

Although the above information talks about discrimination or sexual harassment in employment, the same process applies to discrimination in housing and the provision of services as well.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

• 8-BC Human Rights Coalition.
• 13-Community Legal Assistance Society, if the discrimination is based on disability.
• 44-PovNet, for contact and website information for human rights advocates near you.
• 1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."