Difference between revisions of "Human Rights and Discrimination Protection"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://www.clasbc.net/laura_track Laura Track] of the Community Legal Assistance Society and Katherine Hardie of the BC Human Rights Tribunal|date= February 2018}} {{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.


{{Dial-A-Law TOC|expanded = rights}}
==What you should know==
BC’s ''Human Rights Code'' prohibits some types of discrimination, and the BC Human Rights Tribunal handles discrimination complaints. This script explains the types of discrimination the Code prohibits, how to complain to the Tribunal, and what the Tribunal does with complaints. The Code is available at [http://www.bclaws.ca www.bclaws.ca]. Also, check the following scripts for more information:


*[[Protection Against Job Discrimination (Script 270)|270]], called “Protection Against Job Discrimination”
===You are protected against discrimination under BC law===
*[[Sexual Harassment (Script 271)|271]], called “Sexual Harassment”
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.
*[[Charter of Rights and Freedoms: Overview (Script 230)|230]], called “''Charter of Rights and Freedoms'': Overview”


This script does not deal with:
In BC, the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html ''Human Rights Code''] prohibits discrimination based on various personal characteristics. These are called '''protected grounds'''. They include:
*The ''Canadian Human Rights Act'', which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca] or phone 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. If you don’t know whether to contact the Tribunal or the Commission, contact either of them—they can tell you which one can handle your complaint.


*Municipal laws, which may also prohibit some types of discrimination—contact your city hall for information on them.
* your race, colour, ancestry, or place of origin
* your age (if you’re 19 and above)
* your sex, sexual orientation, or gender identity or expression
* your marital or family status
* your religion or political belief
* any physical or mental disability


==What types of discrimination does the BC ''Human Rights Code'' prohibit?==
The Code prohibits discrimination in these '''areas''':
The Code prohibits discrimination based on any of the following 16 things, called grounds:
*race
*colour
*ancestry
*place of origin
*political belief—this applies only to employment, employment ads, and membership in a union or occupational association
*religion
*marital status
*family status—this does not apply to the purchase of property
*physical disability, including HIV and AIDS
*mental disability
*sex
*sexual orientation
*age (if you’re 19 and above)—this does not apply to the purchase of property
*criminal or summary convictions unrelated to employment or membership—this applies only to employment, and membership in a *union or occupational association
*lawful source of income (this applies only to tenancies)
*retaliation (taking action against a person who complained to the Tribunal, was named in a complaint, was a witness, or helped someone with a complaint)


The Code prohibits discrimination in the following 8 areas:
* employment (including membership in a trade union, employers’ organization or professional association)
*tenancy premises (renting property)—section 10
* renting or purchasing property
*accommodation, service, and facility—section 8
* services and facilities open to the public
*publication—section 7
* publications
*purchase of property (including commercial and residential property, bare land, and leases)—section 9
*employment ads—section 11
*wages—section 12 (this is about wage differences based on sex)
*employment—section 13
*membership in unions and occupational associations—section 14


Not all 16 grounds apply to all 8 areas—some of the exceptions are described below. Human rights cases often involve the first three areas—here are more details on them:
Some protected grounds apply only in certain areas. For example:


===1. Tenancy premises (renting property)—section 10===
* your (lawful) source of income can’t be a factor in how someone treats you in renting you property
:No person, including property owners, landlords, and building managers, can refuse to rent a space (for example, an office or an apartment) or charge a higher rent or security deposit, or otherwise discriminate against a tenant based on the grounds in section 10 of the Code. In addition, a person cannot normally stop a tenant from using common facilities. For example, in most cases, a person can’t prevent a tenant with a physical disability from using the pool. However, a person can restrict rentals as follows:
* any criminal convictions can’t be a factor in how an employer treats you in the workplace (as long as the conviction is unrelated to the job)
:*a person looking for a roommate to share their own place can restrict the rental to people based on any ground
:*rentals can be restricted to people over 55—or couples or families with one member over 55—in some cases
:*rentals may also be restricted to people with mental or physical disabilities—if the residence is designed for people with disabilities—in some cases


===2. Accommodations, services, and facilities—section 8===
The BC Human Rights Clinic provides a [https://bchrc.net/legal-information/#protected chart of protected grounds and protected areas].
:Restaurants, hotels, and other service providers can’t refuse service, charge higher rates, or discriminate in any other way based on the grounds in section 8 of the Code. Governments and educational institutions cannot discriminate in providing accommodations, services, and facilities. However, the Code applies only to accommodations, services, and facilities normally available to the public. As well, the Code allows:
:*public facilities to be restricted by sex (washrooms, change rooms).
:*insurance companies to distinguish based on sex and mental and physical disability by charging different premiums and paying different benefits.


===3. Publications—section 7===
===You are protected from discrimination in the workplace===  
:The Code says no person can publish or publicly display a statement, notice, publication, symbol, emblem, or sign if it shows an intention to discriminate or if it is likely to expose a person or group of people to hatred or contempt based on the grounds in section 7 of the Code. However, the Code doesn’t apply to communications intended to be private, meaning not published nor publicly displayed.
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|sexual harassment]].


==Exceptions and special programs under the ''Human Rights Code''==
====The employer’s duty to accommodate====
Charitable, philanthropic, religious, educational, and other non-profit organizations and corporations may be able to give a preference to certain people. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, age, religion, sex, marital status, political belief, colour, ancestry, or place of origin.
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.


In addition, organizations can ask the Tribunal to approve a specific program or activity as a Special Program under the Code. The purpose of the program or activity must be to improve conditions for a disadvantaged group. For example, in the past the Tribunal approved a school district hiring a member of a protected group to provide services to students and families who are members of that same group.
====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'''." 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.


==Duty to accommodate==
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.
The Code prohibits acts or omissions that have a discriminatory effect and may require reasonable steps to remove the discriminatory effect. This is called the duty to accommodate to the point of undue hardship. For example, a restaurant or apartment building may have to provide a ramp for people who use wheelchairs. Many human rights cases involve complaints where an employee believes that their employer has not adequately accommodated their disability.  


Accommodation requires an employer '''and''' an employee (and an employee’s union if the workplace is unionized) to work together to find a practical solution that accommodates the complainant’s disability in a way that does not create an undue hardship on the employer. Accommodation to the point of “undue” hardship means that 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. What constitutes “undue” hardship, however, can vary from case to case. Consider meeting with a lawyer to determine whether your own circumstances are likely to meet the criteria.
See our information on [[Protection Against Job Discrimination (No. 270)|protection against job discrimination]] for more on discrimination in the workplace.


The Code does not define disability, but cases have determined that a disability generally indicates a state that is involuntary, has some degree of permanence, and impairs the person's ability, in some way, to carry out the normal functions of life.
===You are protected from discrimination when renting property===
No person can refuse to rent a space (for example, an apartment or an office) based on the protected grounds in section 10 of the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec10_smooth ''Human Rights Code'']. Nor can they discriminate against a person regarding a term or condition of the tenancy, such as the amount of the security deposit, use of common spaces, or provision of repairs. They can’t charge a higher rent or evict someone based on a protected ground.


The duty to accommodate requires that all the parties engage in the process of trying to discover ways to accommodate, even if ultimately no accommodation can be found. The failure to engage in the process can be a breach in itself. A person requesting accommodation is entitled only to a “reasonable” rather than a perfect accommodation. There may have to be some compromise from both parties.
There are some exceptions under the law:


Also, any request for accommodation must be supported by medical evidence.  
* A person looking for a roommate to share their own place can restrict the rental to people based on any ground if they will be sharing a bathroom or kitchen.
* Rental buildings can be restricted to people age 55 and over, or couples or families with one member 55 or over.
* In some cases, rentals may also be restricted to people with mental or physical disabilities if the residence is designed for people with disabilities.


===What can you do if someone discriminates against you?===
===You are protected from discrimination by service providers===
Get a complaint form from the Human Rights Tribunal, fill it in, and file it with the Tribunal within 6 months of when the discrimination happened. For example, if the discrimination happened on July 30, 2015, you must file the complaint by January 30, 2016. If you wait more than 6 months to file your complaint, you have to explain on the form why you are filing late. The Tribunal may accept a late complaint if it is in the public interest and won’t harm anyone.
Restaurants, hotels, shops, and other service providers that offer services to the public can’t refuse service, charge higher rates, or discriminate in any other way based on the protected characteristics in section 8 of the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec8_smooth ''Human Rights Code'']. Governments and educational institutions also cannot discriminate in providing accommodations, services, and facilities. Service providers must take all reasonable and practical steps to accommodate someone’s personal characteristics if necessary to provide equal benefit of the service.


You can get a complaint form from the Tribunal website, the Tribunal office, and government agents. You can file a complaint in person, by mail, fax, courier, or email.
There are two exceptions under the law:


The Tribunal has guides and information sheets on the Code, the Tribunal, how to make and file a complaint, how to respond to a complaint, and many other topics. To get this material, see the Tribunal website at [http://www.bchrt.bc.ca  www.bchrt.bc.ca] or phone the Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC.
* Public facilities, like washrooms or change rooms, can be restricted by sex.
* Insurance companies can factor someone’s sex, age, and any disability into determining their premiums or benefits under life or health insurance policies.


==What is the Human Rights Tribunal?==
===You are protected from discrimination in publications===
The Tribunal is the organization that deals with complaints under the Code. It operates like a court, but is less formal. It consists of staff and members who hold hearings into complaints that are not settled. Members are experts in human rights law who are appointed by the BC government. Tribunal proceedings and material are normally public.
The [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec7_smooth ''Human Rights Code''] prohibits publications that indicate discrimination or an intention to discriminate, or that are likely to expose a person or group to hatred or contempt. This includes any published statement, notice, sign, or other representation that is not private. This protection does not cover publications that express offensive or hurtful ideas yet fall short of discriminating or promoting hatred.


==Do you need help filing a complaint?==
===There are some exceptions to human rights laws in BC===
The Human Rights Clinic may be able to help you file a complaint with the Tribunal and help you at a hearing. The clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. In addition, an onsite consultation service is offered every Monday between 9:30 am and 3:30 pm at the Tribunal's offices in Vancouver. For details, see the BC Human Rights Clinic website at [http://www.bchrc.net www.bchrc.net] or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC.
A charitable, philanthropic, religious, educational, or social organization that is not operated for profit may be able to give a preference to members of an identifiable group. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, religion, age, sex, sexual orientation, gender identity or expression, marital status, political belief, colour, ancestry, or place of origin.


==What happens when you file a complaint?==
In addition, organizations can ask the Human Rights Tribunal to approve a specific program or activity as a '''special program''' under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec42_smooth ''Human Rights Code'']. The purpose of the program or activity must be to improve conditions for a person or group disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression. For example, in the past the tribunal approved a school district hiring a member of a protected group to provide services to students and families who are members of that same group.
The Tribunal can handle complaints only if the Code covers them. It also considers if there is enough information to support a possible violation of the Code. So it is important to give all the information that supports your complaint.


So first, the Tribunal must decide if the Code covers your complaint. If it does, the Tribunal will ask the person or business you complained about, called the respondent, to reply to your complaint. The respondent can ask the Tribunal to dismiss your complaint without a hearing. The Tribunal will try to help you and the respondent settle the complaint, first by holding a settlement meeting. If you can’t settle the case, a Tribunal member may hold a hearing. The member will decide if the complaint is justified, and if it is, the Tribunal can order a remedy. The decision for this order can be either oral or written.
===More on the “duty to accommodate”===
The ''Human Rights Code'' prohibits acts or omissions that have a discriminatory effect. Protecting human rights may require an employer, landlord, or service provider to take reasonable steps to remove the discriminatory effect, to the best of their ability. This '''duty to accommodate''' might apply, for example, to a restaurant or apartment building requiring them to provide a ramp for people who use wheelchairs.


==What remedies can the Tribunal order?==
Accommodating differences may cause some hardship, as (for example) the wheelchair ramp costs money to build. The duty to accommodate extends only to the point where the accommodation starts causing '''undue hardship'''. Hardship becomes undue if it would be unfair to expect the accommodating party to take action, given their size, profits, or other factors.
Remedies are designed to reverse the effects of discrimination, not to punish the person or business that discriminated. They can include an order that the person or business that discriminated must do any of the following:
*stop discriminating
*make available the right, opportunity, or privilege that you didn’t get because of the discrimination (for example, give you your job back, or the right to compete for a job)
*pay you money—called damages—for lost income (including wages and disability and other benefits) and expenses
*the Tribunal can also order the person or business that discriminated to pay you damages for injury to your dignity, feelings, and self respect. There are no limits to the amount of an injury to dignity award, but one of the highest amounts awarded by the Tribunal award was $35,000 in June 2009.


==What if you disagree with the Tribunal’s decision?==
The duty to accommodate requires all parties to take part in a process to try to accommodate. Failure to take part in the process can violate the ''Human Rights Code''. A person requesting accommodation is entitled only to reasonable — not perfect — accommodation. Both parties may have to compromise.
You can apply to the BC Supreme Court to review the Tribunal’s decision. That can be complicated and you probably need legal help to do so. The Tribunal has information sheets on judicial review on its website at [http://www.bchrt.bc.ca www.bchrt.bc.ca].


==What else can you do?==
{| class="wikitable"
Talk to a lawyer about all your legal options. For the name of a lawyer, call Lawyer Referral at 604.687.3221 in the lower mainland and 1.800.663.1919 elsewhere in BC.
|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 [[Free and Low-Cost Legal Help|free and low-cost legal help]].
|}
===If someone discriminates against you===
If you think someone has violated your human rights under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html ''Human Rights Code''], you have options.


If the discrimination is at your place of work and you belong to a union, the union may be able to help you. As well, the ''Employment Standards Act'' may cover your case and you may have a wrongful dismissal claim—check scripts [[Protection Against Job Discrimination (Script 270)|270]], [[Termination Under the BC ''Employment Standards Act'' (Script 280)|280]], and [[If You're Fired - Wrongful Dismissal (Script 241)|241]] for more details. The BC Ministry of Justice also has information on human rights protection on its website at [http://www.ag.gov.bc.ca/human-rights-protection www.ag.gov.bc.ca/human-rights-protection].
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.


==Are there time limits for filing a complaint and suing?==
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 [https://dialalaw.peopleslawschool.ca/job-discrimination/ protection against job discrimination] for more on these options.
Yes, there are time limits in both cases. You have 6 months from when the discrimination occurs to file a complaint with the Tribunal. If you wait longer than 6 months, the Tribunal may still accept your complaint, but you will have to explain why you delayed.  


There are also time limits for suing in court—you need legal advice about that.
{| class="wikitable"
|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 [[Free and Low-Cost Legal Help|free and low-cost legal help]].
|}
==Making a human rights complaint==


If you complain to the Tribunal and also file a complaint (or grievance) with a union or under the ''Employment Standards Act'', or if you sue the employer for wrongful dismissal, the Tribunal can wait until your other complaints or lawsuit are finished before dealing with your complaint.
===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 one year of when the discrimination happened. If you wait longer than one year, 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.


The tribunal has information sheets on the ''Human Rights Code'', the complaint process, and many other topics. To get this material, see the [http://www.bchrt.bc.ca/ tribunal website] or call 604-775-2000 in Vancouver or toll-free 1-888-440-8844 elsewhere in BC.


[updated April 2015]
===Step 2. The tribunal considers your complaint===
The Human Rights Tribunal reviews your complaint to see if it is covered by the ''Human Rights Code'' and if what happened could violate the Code. If the tribunal decides it can handle your complaint, it will notify the person or business you complained about, called the '''respondent'''.


You and the respondent can try to settle the complaint. The tribunal offers mediators who help the parties to resolve the complaint on their own.


If that doesn’t work, the respondent must reply to your complaint. The respondent can also ask the tribunal to dismiss your complaint without a hearing.


----
===Step 3. Attend a tribunal hearing===
----
If you don’t settle your complaint and it’s not dismissed without a hearing, the tribunal will hold a '''hearing'''. A tribunal member will decide if the complaint is justified. If it is, the tribunal will order a '''remedy'''. Remedies are designed to reverse the effects of discrimination, not to punish the person or business that discriminated. They can include an order that the respondent:
 
* stop discriminating
* make available the right or opportunity you didn’t get because of the discrimination (for example, give you your job back, or the right to compete for a job)
* pay you money for lost wages, benefits, or expenses
 
The tribunal can also order the person or business that discriminated to pay you for injury to your dignity, feelings, and self-respect. There are no limits to the amount of this type of award, but the average is around $5,000.
 
===Step 4. Ask for a reconsideration===
If you disagree with the tribunal’s decision, you can ask the tribunal to '''reconsider its decision'''. But it will do so only rarely. You must show that fairness and justice require a reconsideration. The [http://www.bchrt.bc.ca/law-library/guides-info-sheets/general-apps/15.htm tribunal website] explains what factors it will consider and gives examples of when it will and won’t reconsider its decision.
 
===Step 5. Seek a judicial review===
You can apply to the BC Supreme Court for [http://www.bchrt.bc.ca/complaint-process/after-hearing/review.htm judicial review] of the tribunal’s decision. There are time limits for suing in court, and the process is very involved. You probably need legal help to apply for judicial review.
 
==Who can 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).
 
* Call 604-622-1100 in Vancouver
* Call 1-855-685-6222 (toll-free)
* [https://www.bchrc.net/ Visit website]
 
In the Greater Victoria area, the '''University of Victoria Law Centre''' provides help for eligible human rights complainants and respondents.
 
* Call 250-385-1221
* [http://thelawcentre.ca/ Visit website]
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Revision as of 06:03, 10 November 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Laura Track of the Community Legal Assistance Society and Katherine Hardie of the BC Human Rights Tribunal in February 2018.

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.

What you should know

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 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 Human Rights Code prohibits discrimination based on various personal characteristics. These are called protected grounds. They include:

  • your race, colour, ancestry, or place of origin
  • your age (if you’re 19 and above)
  • your sex, sexual orientation, or gender identity or expression
  • your marital or family status
  • your religion or political belief
  • any physical or mental disability

The Code prohibits discrimination in these areas:

  • employment (including membership in a trade union, employers’ organization or professional association)
  • renting or purchasing property
  • services and facilities open to the public
  • publications

Some protected grounds apply only in certain areas. For example:

  • your (lawful) source of income can’t be a factor in how someone treats you in renting you property
  • any criminal convictions can’t be a factor in how an employer treats you in the workplace (as long as the conviction is unrelated to the job)

The BC Human Rights Clinic provides a chart of protected grounds and protected areas.

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 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.

The employer’s duty to accommodate

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." 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.

See our information on protection against job discrimination for more on discrimination in the workplace.

You are protected from discrimination when renting property

No person can refuse to rent a space (for example, an apartment or an office) based on the protected grounds in section 10 of the Human Rights Code. Nor can they discriminate against a person regarding a term or condition of the tenancy, such as the amount of the security deposit, use of common spaces, or provision of repairs. They can’t charge a higher rent or evict someone based on a protected ground.

There are some exceptions under the law:

  • A person looking for a roommate to share their own place can restrict the rental to people based on any ground if they will be sharing a bathroom or kitchen.
  • Rental buildings can be restricted to people age 55 and over, or couples or families with one member 55 or over.
  • In some cases, rentals may also be restricted to people with mental or physical disabilities if the residence is designed for people with disabilities.

You are protected from discrimination by service providers

Restaurants, hotels, shops, and other service providers that offer services to the public can’t refuse service, charge higher rates, or discriminate in any other way based on the protected characteristics in section 8 of the Human Rights Code. Governments and educational institutions also cannot discriminate in providing accommodations, services, and facilities. Service providers must take all reasonable and practical steps to accommodate someone’s personal characteristics if necessary to provide equal benefit of the service.

There are two exceptions under the law:

  • Public facilities, like washrooms or change rooms, can be restricted by sex.
  • Insurance companies can factor someone’s sex, age, and any disability into determining their premiums or benefits under life or health insurance policies.

You are protected from discrimination in publications

The Human Rights Code prohibits publications that indicate discrimination or an intention to discriminate, or that are likely to expose a person or group to hatred or contempt. This includes any published statement, notice, sign, or other representation that is not private. This protection does not cover publications that express offensive or hurtful ideas yet fall short of discriminating or promoting hatred.

There are some exceptions to human rights laws in BC

A charitable, philanthropic, religious, educational, or social organization that is not operated for profit may be able to give a preference to members of an identifiable group. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, religion, age, sex, sexual orientation, gender identity or expression, marital status, political belief, colour, ancestry, or place of origin.

In addition, organizations can ask the Human Rights Tribunal to approve a specific program or activity as a special program under the Human Rights Code. The purpose of the program or activity must be to improve conditions for a person or group disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression. For example, in the past the tribunal approved a school district hiring a member of a protected group to provide services to students and families who are members of that same group.

More on the “duty to accommodate”

The Human Rights Code prohibits acts or omissions that have a discriminatory effect. Protecting human rights may require an employer, landlord, or service provider to take reasonable steps to remove the discriminatory effect, to the best of their ability. This duty to accommodate might apply, for example, to a restaurant or apartment building requiring them to provide a ramp for people who use wheelchairs.

Accommodating differences may cause some hardship, as (for example) the wheelchair ramp costs money to build. The duty to accommodate extends only to the point where the accommodation starts causing undue hardship. Hardship becomes undue if it would be unfair to expect the accommodating party to take action, given their size, profits, or other factors.

The duty to accommodate requires all parties to take part in a process to try to accommodate. Failure to take part in the process can violate the Human Rights Code. A person requesting accommodation is entitled only to reasonable — not perfect — accommodation. Both parties may have to compromise.

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 free and low-cost legal help.

If someone discriminates against you

If you think someone has violated your human rights under the Human Rights Code, you have options.

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 for more on these options.

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 free and low-cost legal help.

Making a human rights complaint

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 one year of when the discrimination happened. If you wait longer than one year, 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 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.

The tribunal has information sheets on the Human Rights Code, the complaint process, and many other topics. To get this material, see the tribunal website or call 604-775-2000 in Vancouver or toll-free 1-888-440-8844 elsewhere in BC.

Step 2. The tribunal considers your complaint

The Human Rights Tribunal reviews your complaint to see if it is covered by the Human Rights Code and if what happened could violate the Code. If the tribunal decides it can handle your complaint, it will notify the person or business you complained about, called the respondent.

You and the respondent can try to settle the complaint. The tribunal offers mediators who help the parties to resolve the complaint on their own.

If that doesn’t work, the respondent must reply to your complaint. The respondent can also ask the tribunal to dismiss your complaint without a hearing.

Step 3. Attend a tribunal hearing

If you don’t settle your complaint and it’s not dismissed without a hearing, the tribunal will hold a hearing. A tribunal member will decide if the complaint is justified. If it is, the tribunal will order a remedy. Remedies are designed to reverse the effects of discrimination, not to punish the person or business that discriminated. They can include an order that the respondent:

  • stop discriminating
  • make available the right or opportunity you didn’t get because of the discrimination (for example, give you your job back, or the right to compete for a job)
  • pay you money for lost wages, benefits, or expenses

The tribunal can also order the person or business that discriminated to pay you for injury to your dignity, feelings, and self-respect. There are no limits to the amount of this type of award, but the average is around $5,000.

Step 4. Ask for a reconsideration

If you disagree with the tribunal’s decision, you can ask the tribunal to reconsider its decision. But it will do so only rarely. You must show that fairness and justice require a reconsideration. The tribunal website explains what factors it will consider and gives examples of when it will and won’t reconsider its decision.

Step 5. Seek a judicial review

You can apply to the BC Supreme Court for judicial review of the tribunal’s decision. There are time limits for suing in court, and the process is very involved. You probably need legal help to apply for judicial review.

Who can 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).

  • Call 604-622-1100 in Vancouver
  • Call 1-855-685-6222 (toll-free)
  • Visit website

In the Greater Victoria area, the University of Victoria Law Centre provides help for eligible human rights complainants and respondents.

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