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Human Rights in the Workplace FAQs

(Frequently Asked Questions)
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  1. I'm a female construction crane operator. My male co-workers get paid two dollars an hour more than I do for basically the same work. Can I sue?

  2. My wife left me recently. Yesterday, my boss fired me for taking time off work to take care of my kids who were sick. Is that legal?

  3. The employment agency down the street refused to refer me for a job posting. The clerk said the person who posted the job doesn't like Indo-Canadians. What can I do?

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 1. I'm a female construction crane operator. My male co-workers get paid two dollars an hour more than I do for basically the same work. Can I sue?

Under British Columbia's Human Rights Code, you are entitled to equal pay for the same or substantially similar work. What's "substantially similar" depends on the skill, effort and responsibility involved. If your male co-workers are paid more for a good reason, such as seniority, then you don't have much of a case. If, on the other hand, there are no factors other than gender, then you will likely succeed under the Code.

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2. My wife left me recently. Yesterday, my boss fired me for taking time off to take care of my kids who were sick. Is that legal?

Employers cannot discriminate on the basis of marital or family status. Your boss should not fire you simply because you are a single parent, and should make reasonable efforts to accommodate you. Moreover, you are entitled under B.C.'s Employment Standards Act five days' leave to take care of your children each year.

Your employer, however, does not have to accommodate you to the point of undue hardship. If you are causing a serious disruption at work, which cannot be accommodated further, then your employer may have a legitimate defence.

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3. The employment agency down the street refused to refer me for a job posting. The clerk said the person who posted the job doesn't like Indo-Canadians. What can I do?

An employment agency cannot refuse to refer a person for employment based on race, colour, ancestry, or place of origin. Furthermore, neither the job posting nor the potential employer may discriminate against you on these grounds. You may file a complaint with the B.C. Human Rights Commission.

See "Making a Complaint about Discrimination."

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This page last updated: October 14, 1999
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