Difference between revisions of "Human Rights and Discrimination Protection"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(34 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = [http://clasbc.net/about-clas/our-people/laura-track/ Laura Track], Community Legal Assistance Society and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= May 2022}} {{Dial-A-Law TOC|expanded = rights}}
{{Dial-A-Law Blurb}}
British Columbia has a human rights law to help protect you from discrimination. Learn what it covers, and steps you can take if someone discriminates against you.


The BC ''Human Rights Code'' prohibits some types of discrimination. The BC Human Rights Tribunal handles discrimination complaints. This script explains the types of discrimination the Code prohibits, how to complain to the Tribunal, and what the Tribunal does with complaints. The Code is available at [http://www.bclaws.ca www.bclaws.ca]. Also, check the following scripts:
==Common questions==
*[[Protection Against Job Discrimination (Script 270)|270]], called “Protection Against Job Discrimination”
===What is discrimination?===
*[[Sexual harassment (Script 271)|271]], called “Sexual harassment”
'''Discrimination''' is when someone treats you differently because of who you are in a way that puts you at a disadvantage. BC’s [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html human rights law] prohibits discrimination on the basis of certain personal characteristics. They are:
*[[Charter of Rights and Freedoms: Overview (Script 230)|230]], called “''Charter of Rights and Freedoms'': Overview”


This script does not deal with:
* your race, colour, ancestry, Indigenous identity, or where you’re from
*The ''Canadian Human Rights Act'', which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca] or phone 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. If you don’t know whether to contact the Tribunal or the Commission, contact either of them – they can tell you which one can handle your complaint.
* your religion or political beliefs
*Municipal laws, which may also prohibit some types of discrimination – contact your city hall for information on them.
* your marital or family status (for example, if you have kids)
* any physical or mental disability
* your sex, sexual orientation, or gender identity
* your age


==What types of discrimination does the BC ''Human Rights Code'' prohibit?==
The law calls these '''protected grounds'''. If you experience negative treatment on the basis of one of these protected grounds, it could be discrimination. For example, it’s discrimination if a landlord refuses to rent to you because of your race.
The Code prohibits discrimination based on any of the following 16 things, called grounds:
*race
*colour
*ancestry
*place of origin
*political belief – this applies only to employment, employment ads, and membership in a union or occupational association
*religion
*marital status
*family status – this does not apply to the purchase of property
*physical disability, including HIV and AIDS
*mental disability
*sex
*sexual orientation
*age (if you’re 19 and above) – this does not apply to the purchase of property
*criminal or summary convictions unrelated to employment or membership – this applies only to employment, and membership in a union or occupational association
*lawful source of income (this applies only to tenancies)
*retaliation (taking action against a person who complained to the Tribunal, was named in a complaint, was a witness, or helped someone with a complaint)


The Code prohibits discrimination in the following 8 areas:
Discrimination can also occur where a policy or practice affects you differently than others because of a protected ground.
*tenancy premises (renting property) – section 10
*accommodation, service, and facility – section 8
*publication – section 7
*purchase of property (including commercial and residential property, bare land, and leases) – section 9
*employment ads – section 11
*wages – section 12 (this is about wage differences based on sex)
*employment – section 13
*membership in unions and occupational associations - section 14


Not all 16 grounds apply to all 8 areas – some of the exceptions are described below. Human rights cases often involve the first three areas – here are more details on them:
For more, see our [https://www.peopleslawschool.ca/discrimination-primer/ primer on discrimination].


===1. Tenancy premises (renting property) – section 10===
===In what settings is discrimination prohibited?===
No person, including property owners, landlords, and building managers, can refuse to rent a space (for example, an office or an apartment) or charge a higher rent or security deposit, or otherwise discriminate against a tenant based on the grounds in section 10 of the Code. In addition, a person cannot normally stop a tenant from using common facilities. For example, in most cases, a person can’t prevent a tenant with a physical disability from using the pool. But a person can restrict rentals as follows:
BC’s [https://canlii.ca/t/843q human rights law] protects you from discrimination in these areas of everyday life:
*a person looking for a roommate to share their own place can restrict the rental to people based on any ground
*rentals can be restricted to people over 55 – or couples or families with one member over 55 – in some cases
*rentals may also be restricted to people with mental or physical disabilities – if the residence is designed for people with disabilities – in some cases


===2. Accommodations, services, and facilities – section 8===
* '''employment''', including hiring, the terms and conditions of your work, and getting let go from a job
Restaurants, hotels, and other service providers can’t refuse service, charge higher rates, or discriminate in any other way based on the grounds in section 8 of the Code. Governments and educational institutions cannot discriminate in providing accommodations, services, and facilities. However, the Code applies only to accommodations, services, and facilities normally available to the public. As well, the Code allows:
* '''housing''', including renting a place, living in a strata, and buying a home
*public facilities to be restricted by sex (washrooms, change rooms).
* '''accessing a service''' available to the public, like shopping at a store, eating at a restaurant, or staying at a hotel
*insurance companies to distinguish based on sex and mental and physical disability – by charging different premiums and paying different benefits.
* '''publications''', like a public notice, sign, flyer, or article


===3. Publications – section 7===
We dig into the specifics in our coverage of discrimination in [https://www.peopleslawschool.ca/discriminated-at-work/ employment], [https://www.peopleslawschool.ca/discrimination-housing/ housing], and [https://www.peopleslawschool.ca/discrimination-accessing-service/ accessing a service].
The Code says no person can publish or publicly display a statement, notice, publication, symbol, emblem, or sign if it shows an intention to discriminate or if it is likely to expose a person or group of people to hatred or contempt based on the grounds in section 7 of the Code. But the Code doesn’t apply to communication intended to be private, meaning not published or publicly displayed.


==Exceptions and special programs under the ''Human Rights Code''==
===What do I need to show to establish discrimination?===
Charitable, philanthropic, religious, educational, and other non-profit organizations and corporations may be able to give a preference to certain people. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, age, religion, sex, marital status, political belief, colour, ancestry, or place of origin.
To establish discrimination, you need to show three things:


In addition, organizations can ask the Tribunal to approve a specific program or activity as a Special Program under the Code. The purpose of the program or activity must be to improve conditions for a disadvantaged group. For example, the Tribunal has approved a school district hiring a member of a protected group to provide services to students and families who are members of that same group.
* You have a personal characteristic protected from discrimination.
* You were treated badly or suffered a negative outcome in a protected area.
* The personal characteristic was a factor in the treatment or outcome.


==Duty to accommodate==
The protected characteristic doesn’t need to be the only or most important factor. It just needs to be a partial factor.
The Code prohibits acts or omissions that have a discriminatory effect and may require reasonable steps to remove the discriminatory effect. This is called the duty to accommodate to the point of undue hardship. For example, a restaurant or apartment building may have to provide a ramp for people who use wheelchairs. Many human rights cases involve complaints where an employee believes that their employer has not adequately accommodated their disability.


Accommodation requires an employer '''and''' an employee (and an employee’s union if the workplace is unionized) to work together to find a practical solution that accommodates the complainant’s disability, in a way that does not create an undue hardship on the employer. Accommodation to the point of “undue” hardship means that an employer may have to accept some hardship. That hardship might involve expense, inconvenience, or disruption – as long as it does not unduly interfere with the business.
If you can show these three things, then the other party (who your complaint is against) will have an opportunity to try and justify their conduct. If the conduct is justified, it’s not discrimination.


The Code does not define disability, but cases have determined that a disability generally indicates a state that is involuntary, has some degree of permanence, and impairs the person's ability, in some way, to carry out the normal functions of life.
===What does “duty to accommodate” mean?===
Where someone experiences a negative outcome in a protected area due to a protected characteristic, the law imposes an obligation on certain people to take steps to limit the negative impact. This is called the '''duty to accommodate'''. It requires landlords, employers, and service providers to remove the negative effect, to the best of their ability.


The duty to accommodate requires that all the parties engage in the process of trying to discover ways to accommodate, even if ultimately no accommodation can be found. The failure to engage in the process can by itself be a breach. A person requesting accommodation is entitled to a reasonable not a perfect accommodation. There may have to be some compromise.
The duty to accommodate extends to the point of '''undue hardship'''. This recognizes that sometimes accommodation might cost too much, or would have negative consequences for others.


Any request for accommodation must be supported by medical evidence. It cannot be only the unsupported wish of the disabled person.
We dive deeper into the duty to accommodate in our [https://www.peopleslawschool.ca/discrimination-primer/ guidance on discrimination].


==What can you do if someone discriminates against you?==
===What are my options if I experience discrimination?===
Get a complaint form from the Human Rights Tribunal, fill it in, and file it with the Tribunal within 6 months of when the discrimination happened. For example, if the discrimination happened on July 30, 2012, you must file the complaint by January 30, 2013. If you wait more than 6 months to file your complaint, you have to explain on the form why you are filing late. The Tribunal may accept a late complaint if it is in the public interest and won’t harm anyone.
If you’re discriminated against, you have options.


You can get a complaint form from the Tribunal website, the Tribunal office, and government agents. You can file a complaint in person, or by mail, fax, courier, or email.
You can '''make a human rights complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under BC’s [https://canlii.ca/t/843q human rights law]. It operates like a court but is less formal. It has staff who can help you settle your dispute directly with the other party. If that’s not possible, there’s a hearing to decide if there was discrimination. We explain the process to [https://www.peopleslawschool.ca/human-rights-complaint/ make a human rights complaint].


The Tribunal has guides and information sheets on the Code, the Tribunal, how to make and file a complaint, how to respond to a complaint, and many other topics. To get this material, see the Tribunal website at [http://www.bchrt.bc.ca www.bchrt.bc.ca] or phone the Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC.
If the discrimination is at your place of work and you belong to a union, your union may be able to help you. Or you may be able to complain to the Employment Standards Branch, the government office that administers BC’s [https://canlii.ca/t/8405 main employment law]. Depending on the context, you may be able to sue for wrongful dismissal. See our in-depth info on [https://www.peopleslawschool.ca/discriminated-at-work/ discrimination at work] for more.
 
==What is the Human Rights Tribunal?==
The Tribunal is the organization that deals with complaints under the Code. It operates like a court, but is less formal. It consists of staff and members who hold hearings into complaints that are not settled. Members are experts in human rights law who are appointed by the BC government. Tribunal proceedings and material are normally public.
 
==Do you need help filing a complaint?==
The Human Rights Clinic may be able to help you file a complaint with the Tribunal and help you at a hearing. The clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. In addition, an onsite consultation service is offered every Monday between 9:30 am and 3:30 pm at the Tribunal's offices in Vancouver. For details, see the Coalition website at [http://www.bchrcoalition.org www.bchrcoalition.org] or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC.
 
==What happens when you file a complaint?==
The Tribunal can handle complaints only if the Code covers them. It also considers if there is enough information to support a possible violation of the Code. So it is important to give all the information that supports your complaint.
 
So first, the Tribunal must decide if the Code covers your complaint. If it does, the Tribunal will ask the person or business you complained about, called the respondent, to reply to your complaint. The respondent can ask the Tribunal to dismiss your complaint without a hearing. The Tribunal will try to help you and the respondent settle the complaint – it holds a settlement meeting. If you can’t settle the case, a Tribunal member may hold a hearing. The member will decide if the complaint is justified, and if it is, order a remedy. The decision will be oral or written.
 
==What remedies can the Tribunal order?==
Remedies are designed to reverse the effects of discrimination, not to punish the person or business that discriminated. They can include an order that the person or business that discriminated must do any of the following:
*stop discriminating
*make available the right, opportunity, or privilege that you didn’t get because of the discrimination (for example, give you your job back, or the right to compete for a job)
*pay you money – called damages – for lost income (including wages and disability and other benefits) and expenses
*the Tribunal can also order the person or business that discriminated to pay you damages for injury to your dignity, feelings, and self respect. There are no limits to the amount of an injury to dignity award, but one of the highest amounts awarded by the Tribunal award was $35,000 in June 2009.
 
==What if you disagree with the Tribunal’s decision?==
You can apply to the BC Supreme Court to review the Tribunal’s decision. That can be complicated and you probably need legal help to do so. The Tribunal has information sheets on judicial review on its website at [http://www.bchrt.bc.ca www.bchrt.bc.ca].
 
==What else can you do?==
Talk to a lawyer about all your legal options. For the name of a lawyer, call Lawyer Referral at 604.687.3221 in the lower mainland and 1.800.663.1919 elsewhere in BC.
 
If the discrimination is in your job, and you belong to a union, it may be able to help you. As well, the ''Employment Standards Act'' may cover your case and you may have a wrongful dismissal claim – check scripts [[Protection Against Job Discrimination (Script 270)|270]], [[Termination under the BC Employment Standards Act (Script 280)|280]], and [[If You're Fired - Wrongful Dismissal (Script 241)|241]] for more details. The BC Ministry of Attorney General also has information on human rights protection on its website at [http://www.ag.gov.bc.ca/human-rights-protectio www.ag.gov.bc.ca/human-rights-protection].
 
==Are there time limits for filing a complaint and suing?==
Yes, there are time limits in both cases. You have 6 months from when the discrimination occurs to file a complaint with the Tribunal. If you wait longer than 6 months, the Tribunal may still accept your complaint, but you will have to explain why you delayed.
 
There are also time limits for suing in court – you need legal advice about that.
 
If you complain to the Tribunal and also file a complaint (or grievance) with a union or under the ''Employment Standards Act'', or sue the employer for wrongful dismissal, the Tribunal can wait until your other complaints and the lawsuit are finished before dealing with your complaint.
 
 
[updated February 2013]
 
 
----
----


==Who can help==
===With a human rights complaint===
:'''BC Human Rights Clinic'''
:Provides free assistance and representation to those who qualify for help with a discrimination complaint under BC law.
:Call 1-855-685-6222
:[https://bchrc.net/ Visit website]


:'''University of Victoria Law Centre'''
:Provides help with human rights claims for eligible people in Greater Victoria.
:Call 1-250-385-1221
:[https://thelawcentre.ca/ Visit website]
{{Dial-A-Law_Navbox|type=life}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}

Latest revision as of 23:51, 2 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Laura Track, Community Legal Assistance Society and Sara Hanson, Moore Edgar Lyster LLP in May 2022.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Families & Children
Life
Rights & Citizenship
 · Defamation

 · Information & Privacy

 · Human Rights & Discrimination

 · Charter Rights: Overview

 · Charter Rights: Legal Rights

 · Charter Rights: Equality Rights

 · Aboriginal Law

 · Immigrating to BC

 · Seniors' Rights & Elder Abuse
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

British Columbia has a human rights law to help protect you from discrimination. Learn what it covers, and steps you can take if someone discriminates against you.

Common questions

What is discrimination?

Discrimination is when someone treats you differently because of who you are in a way that puts you at a disadvantage. BC’s human rights law prohibits discrimination on the basis of certain personal characteristics. They are:

  • your race, colour, ancestry, Indigenous identity, or where you’re from
  • your religion or political beliefs
  • your marital or family status (for example, if you have kids)
  • any physical or mental disability
  • your sex, sexual orientation, or gender identity
  • your age

The law calls these protected grounds. If you experience negative treatment on the basis of one of these protected grounds, it could be discrimination. For example, it’s discrimination if a landlord refuses to rent to you because of your race.

Discrimination can also occur where a policy or practice affects you differently than others because of a protected ground.

For more, see our primer on discrimination.

In what settings is discrimination prohibited?

BC’s human rights law protects you from discrimination in these areas of everyday life:

  • employment, including hiring, the terms and conditions of your work, and getting let go from a job
  • housing, including renting a place, living in a strata, and buying a home
  • accessing a service available to the public, like shopping at a store, eating at a restaurant, or staying at a hotel
  • publications, like a public notice, sign, flyer, or article

We dig into the specifics in our coverage of discrimination in employment, housing, and accessing a service.

What do I need to show to establish discrimination?

To establish discrimination, you need to show three things:

  • You have a personal characteristic protected from discrimination.
  • You were treated badly or suffered a negative outcome in a protected area.
  • The personal characteristic was a factor in the treatment or outcome.

The protected characteristic doesn’t need to be the only or most important factor. It just needs to be a partial factor.

If you can show these three things, then the other party (who your complaint is against) will have an opportunity to try and justify their conduct. If the conduct is justified, it’s not discrimination.

What does “duty to accommodate” mean?

Where someone experiences a negative outcome in a protected area due to a protected characteristic, the law imposes an obligation on certain people to take steps to limit the negative impact. This is called the duty to accommodate. It requires landlords, employers, and service providers to remove the negative effect, to the best of their ability.

The duty to accommodate extends to the point of undue hardship. This recognizes that sometimes accommodation might cost too much, or would have negative consequences for others.

We dive deeper into the duty to accommodate in our guidance on discrimination.

What are my options if I experience discrimination?

If you’re discriminated against, you have options.

You can make a human rights complaint to the BC Human Rights Tribunal. The tribunal deals with complaints under BC’s human rights law. It operates like a court but is less formal. It has staff who can help you settle your dispute directly with the other party. If that’s not possible, there’s a hearing to decide if there was discrimination. We explain the process to make a human rights complaint.

If the discrimination is at your place of work and you belong to a union, your union may be able to help you. Or you may be able to complain to the Employment Standards Branch, the government office that administers BC’s main employment law. Depending on the context, you may be able to sue for wrongful dismissal. See our in-depth info on discrimination at work for more.

Who can help

With a human rights complaint

BC Human Rights Clinic
Provides free assistance and representation to those who qualify for help with a discrimination complaint under BC law.
Call 1-855-685-6222
Visit website
University of Victoria Law Centre
Provides help with human rights claims for eligible people in Greater Victoria.
Call 1-250-385-1221
Visit website
v • d • e
 
Life
Health
Home & Neighbours
Rights & Citizenship
Wills, Planning & Estates
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Human_Rights_and_Discrimination_Protection&oldid=57092"