Introduction
Human rights law entitles every Canadian to equal opportunity to employment and the right to work each day free of discrimination and harassment.
The British Columbia Human Rights Code prohibits discrimination in employment advertisements, discrimination in wages,
discrimination in employment, and discrimination by unions and associations.
Discrimination does not have to be intentional to be illegal under the Code. As well, it is an employer's responsibility to maintain working conditions free of discrimination
and harassment, regardless of whether the employer is the cause of the discrimination or not.
Those working for federally regulated employers are subject to the Canadian Human Rights Code, which prohibits virtually the same workplace discrimination as its B.C. counterpart.
For specific information, federally regulated employees should consult the Canadian Human Rights Code.
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Prohibited Grounds of Discrimination
The British Columbia Human Rights Code prohibits certain types of discrimination in the workplace, unless such discrimination is based on a bona fide ("good faith")
occupational requirement. That is, unless there is a valid, job-related reason for the apparent discrimination.
These prohibited grounds of discrimination are:
- race, colour, ancestry, place of origin
- political belief, religion
- marital status, family status
- physical or mental disability
- sex, sexual orientation
- age
- conviction for a criminal or summary conviction offence that is unrelated to the job in question
Plus, if an employer creates a position, or implements a workplace policy or procedure, which does not directly discriminate against you but adversely affects you because of
one of these grounds, it must make reasonable efforts to accommodate you. For example, if you regularly attend religious services on weekends, your boss should try to take this
into account in scheduling weekend shifts.
If another statute, such as the Worker's Compensation Act, conflicts with it, the Code takes priority.
See also our article "Discrimination by any Other Name" for examples of each prohibited ground.
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Workplace Harassment
Workplace harassment is illegal whether it happens in after-hour meetings to discuss work issues, business trips, office parties or lunch meetings.
Employers are responsible for protecting their employees. They must investigate and deal with workplace harassment. A prudent employer will establish comprehensive
anti-harassment policies and procedures.
Typical examples of harassment include:
- racial or sexual slurs
- name calling
- racist or sexist joke
- negative stereotyping
- physical assault
- bullying
- threats
- demeaning pictures, posters and graffiti
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Filing a Complaint
Anyone may file a human rights complaint under the Code. You don't have to experience the discrimination yourself. Just being a witness or knowing
about an instance is enough.
A complaint must be launched within one year of the most recent incident.
See "Making a Complaint about Discrimination" to learn more about the complaint process and the Human Rights Tribunal.
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The Employer's Duty to Accommodate
An employer has a duty to accommodate when a workplace policy or procedure, which appears neutral and applies to everyone equally, adversely affects or indirectly discriminates
against an employee because of a prohibited ground of discrimination.
The employer has a duty to provide alternatives for an adversely affected employee to the point of undue hardship. This duty is satisfied once the employer has canvassed all alternatives
to the workplace rule for the employee. What is the point of undue hardship? This is determined on a case-by-case basis.
For example, all employees may be required to pass a competency evaluation consisting of a written examination. However, a mentally disabled employee would be adversely affected by such a policy
and so it will be the employer's duty to the point of undue hardship to provide an alternative means of evaluation which will not discriminate against the employee.
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Employment Equity Programs
Employment equity programs help ensure that work forces reflect their community's make up and that people who have traditionally experienced barriers to employment are given the chance to work.
It is not discrimination or a contravention of the Code to plan, advertise, adopt or implement an employment equity program that seeks to, and likely will, provide better work conditions for people
who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, or sex.
A good employment lawyer knows the legal issues and procedures involved in a human rights case. Getting good legal advice early can save you much grief and expense.
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