Employment Law Issues (9:V): Difference between revisions
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→1. Discrimination in Employment
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Though generally employers are prohibited from discriminating against employees, it is permitted if the discrimination is required due to a bona fide occupational requirement (ss 11, 13). | Though generally employers are prohibited from discriminating against employees, it is permitted if the discrimination is required due to a bona fide occupational requirement (ss 11, 13). | ||
IF it appears that the employee has been discriminated against based on a prohibited ground, see [[Remedies in Employment Law (9: | IF it appears that the employee has been discriminated against based on a prohibited ground, see [[Remedies in Employment Law (9:VI)#C. The B.C. Human Rights Tribunal | Section VI.F.1: Discrimination in Employment]] of this chapter for basic information on remedies for discrimination, or see [[BC Human Rights Code (6:III)#C. The Complaint Process | Chapter 6: Human Rights, Section III.C: The Complaint Process]] for more detailed information. | ||
Federally regulated employees are covered by the ''Canadian Human Rights Act''. | Federally regulated employees are covered by the ''Canadian Human Rights Act''. | ||
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The federal act allows employers to have mandatory retirement, whereas in BC, the provincial code was amended in 2008 to prohibit mandatory retirement. | The federal act allows employers to have mandatory retirement, whereas in BC, the provincial code was amended in 2008 to prohibit mandatory retirement. | ||
Federal equal pay provisions in the ''Canadian Human Rights Act'' are somewhat broader than those found in B.C.’s ''Human Rights Code''. It is discriminatory under the ''Canadian Human Rights Act'' to pay male and female employees different wages where the work that they are doing is of comparatively equal value. This means that even if the work itself is not demonstrably similar, the pay equity provisions may still be enforced if the value of the work is similar. Factors that are considered in determining whether work is of equal value include: skill, efforts and responsibility required, and conditions under which the work is performed (''Canadian Human Rights Act'', s 11(2)). | Federal equal pay provisions in the ''Canadian Human Rights Act'' are somewhat broader than those found in B.C.’s ''Human Rights Code''. It is discriminatory under the ''Canadian Human Rights Act'' to pay male and female employees different wages where the work that they are doing is of comparatively equal value. This means that even if the work itself is not demonstrably similar, the pay equity provisions may still be enforced if the value of the work is similar. Factors that are considered in determining whether work is of equal value include: skill, efforts and responsibility required, and conditions under which the work is performed (''Canadian Human Rights Act'', s 11(2)). | ||
== 2. Harassment in the workplace == | == 2. Harassment in the workplace == | ||