BC Human Rights Code (6:III): Difference between revisions
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BC Human Rights Code (6:III) (view source)
Revision as of 21:18, 20 December 2022
, 20 December 2022→4. Discrimination in Employment Advertisements and Interviews
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Section 11 prohibits employment advertisements that express limitations or preferences based on Indigenous Identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sexual orientation, sex, gender identity or expression and/or age. Refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2007/2007bchrt99/2007bchrt99.html?resultIndex=1 Anderson v Thompson Creek Mining Ltd Endako Mines]'', 2007 BCHRT 99. | Section 11 prohibits employment advertisements that express limitations or preferences based on Indigenous Identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sexual orientation, sex, gender identity or expression and/or age. Refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2007/2007bchrt99/2007bchrt99.html?resultIndex=1 Anderson v Thompson Creek Mining Ltd Endako Mines]'', 2007 BCHRT 99. | ||
'''Exception:''' Discrimination in employment advertisements may be permitted if such limitations are based on “''bona fide'' occupational requirement(s)” as per the wording of s 11. There are also exceptions for non-profit organizations and employment equity programs see Exemptions on 6-6. | '''Exception:''' Discrimination in employment advertisements may be permitted if such limitations are based on “''bona fide'' occupational requirement(s)” as per the wording of s 11. There are also exceptions for non-profit organizations and employment equity programs (see Exemptions on 6-6). | ||
For case law on discrimination during the interview process, please refer to ''Khalil v Woori Education Group'', 2012 BCHRT 186 at para 29-45. Under s 13, an employer cannot refuse to employ someone on the basis of any of the prohibited grounds of discrimination unless there is a ''bona fide'' occupational requirement (see [[{{PAGENAME}}#6. Discrimination in Employment and the Duty to Accommodate | subsection 6: Discrimination in Employment and the Duty to Accommodate]]). | For case law on discrimination during the interview process, please refer to ''Khalil v Woori Education Group'', 2012 BCHRT 186 at para 29-45. Under s 13, an employer cannot refuse to employ someone on the basis of any of the prohibited grounds of discrimination unless there is a ''bona fide'' occupational requirement (see [[{{PAGENAME}}#6. Discrimination in Employment and the Duty to Accommodate | subsection 6: Discrimination in Employment and the Duty to Accommodate]]). | ||