BC Human Rights Code (6:III): Difference between revisions
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BC Human Rights Code (6:III) (view source)
Revision as of 21:16, 20 December 2022
, 20 December 2022→2. Discrimination in Accommodations, Services and Facilities “Customarily Available to the Public”
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# That their protected characteristic was a factor in the adverse impact they experienced. This is also known as the “nexus”. | # That their protected characteristic was a factor in the adverse impact they experienced. This is also known as the “nexus”. | ||
'''Defences:''' If a complainant can prove the three elements of their case set out above, the burden shifts to the respondent to justify their conduct. There are a number of circumstances where adverse treatment on the basis of a protected characteristic is not discrimination, if it can be shown to be supported by a “''bona fide'' and reasonable justification” (BFRJ) (as per the wording of section 8(1)). For the most authoritative perspective, see ''Grismer'', which applied the three-part ''Meiorin'' test from the Supreme Court of Canada in an attempt to justify a discriminatory standard by raising a BFRJ. This attempt was unsuccessful (see also Subsection 6: Discrimination in Employment and the Duty to Accommodate). | '''Defences:''' If a complainant can prove the three elements of their case set out above, the burden shifts to the respondent to justify their conduct. There are a number of circumstances where adverse treatment on the basis of a protected characteristic is not discrimination, if it can be shown to be supported by a “''bona fide'' and reasonable justification” (BFRJ) (as per the wording of section 8(1)). For the most authoritative perspective, see ''Grismer'', which applied the three-part ''Meiorin'' test from the Supreme Court of Canada in an attempt to justify a discriminatory standard by raising a BFRJ. This attempt was unsuccessful (see also Subsection 6: Discrimination in Employment and the Duty to Accommodate).<BR> | ||
The respondent must justify the standard by satisfying three elements: | The respondent must justify the standard by satisfying three elements: | ||
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# It adopted the standard in good faith, in the belief that it is necessary for the fulfillment of the purpose or goal; and | # It adopted the standard in good faith, in the belief that it is necessary for the fulfillment of the purpose or goal; and | ||
# The standard is reasonably necessary to accomplish its purpose or goal, in the sense that the defendant cannot accommodate persons with the characteristics of the claimant without incurring undue hardship | # The standard is reasonably necessary to accomplish its purpose or goal, in the sense that the defendant cannot accommodate persons with the characteristics of the claimant without incurring undue hardship | ||
'''Exceptions:''' Section 8(2) also contains certain built-in exceptions. Discrimination based on sex is permitted insofar as it relates to the maintenance of public decency. Discrimination based on sex, physical or mental disability, or age is permitted insofar as it relates to the determination of premiums or benefits under life or health insurance policies. | '''Exceptions:''' Section 8(2) also contains certain built-in exceptions. Discrimination based on sex is permitted insofar as it relates to the maintenance of public decency. Discrimination based on sex, physical or mental disability, or age is permitted insofar as it relates to the determination of premiums or benefits under life or health insurance policies. | ||