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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 21:22, 20 December 2022
, 21:22, 20 December 2022→6. Discrimination in Employment and the Duty to Accommodate
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=== 6. Discrimination in Employment and the Duty to Accommodate === | === 6. Discrimination in Employment and the Duty to Accommodate === | ||
Section 13 provides that no person shall refuse to employ another person or discriminate against a person with respect to employment or any term or condition of employment on the basis of Indigenous | Section 13 provides that no person shall refuse to employ another person or discriminate against a person with respect to employment or any term or condition of employment on the basis of Indigenous identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, and/or because that person has a criminal record that is unrelated to the employment. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2010/2010bchrt13/2010bchrt13.html Ratzlaff v Marpaul Construction Ltd]'', 2010 BCHRT 13 for one example of an employment case. This section may extend to volunteers depending on the circumstances (''Nixon''). When determining whether a volunteer is captured by this section of the HRC, the Tribunal will consider the following: | ||
#If there is a formal process to recruit volunteers; | #If there is a formal process to recruit volunteers; | ||
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'''Undue Hardship''': What may be considered “undue hardship” varies by employer and depends on the circumstances. In ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/910/index.do Central Okanagan School District No 23 v Renaud]'', [1992] 2 SCR 970 at 985—986, the Supreme Court of Canada held that an undue hardship is more than a minor inconvenience and that actual interference with the employer’s business must be established. Factors the court may consider include financial cost, health and safety, and flexibility and size of the workplace. The burden of proving an undue hardship lies on the respondent and will require evidence that all reasonable accommodations, short of undue hardship, have been provided. For more information on the duty to accommodate, please see the BC Human Rights Clinic’s ''Legal Information'' page at [https://bchrc.net/legal-information/do-i-have-a-complaint] and their blog at [https://bchrc.net/tag/duty-to-accomodate/ https://bchrc.net/tag/duty-to-accomodate/]. | '''Undue Hardship''': What may be considered “undue hardship” varies by employer and depends on the circumstances. In ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/910/index.do Central Okanagan School District No 23 v Renaud]'', [1992] 2 SCR 970 at 985—986, the Supreme Court of Canada held that an undue hardship is more than a minor inconvenience and that actual interference with the employer’s business must be established. Factors the court may consider include financial cost, health and safety, and flexibility and size of the workplace. The burden of proving an undue hardship lies on the respondent and will require evidence that all reasonable accommodations, short of undue hardship, have been provided. For more information on the duty to accommodate, please see the BC Human Rights Clinic’s ''Legal Information'' page at [https://bchrc.net/legal-information/do-i-have-a-complaint] and their blog at [https://bchrc.net/tag/duty-to-accomodate/ https://bchrc.net/tag/duty-to-accomodate/]. | ||
'''Other Exemptions''': Distinctions based on age are not prohibited insofar as they relate to a ''bona fide'' seniority scheme. Distinctions based on marital status, physical or mental disability, sex, or age are permitted under ''bona fide'' retirement, superannuation, or pension plans, and under ''bona fide'' insurance plans, including those which are self-funded by employers or provided by third parties (HRC, s 13(3)). | '''Other Exemptions''': Distinctions based on age are not prohibited insofar as they relate to a ''bona fide'' seniority scheme. Distinctions based on marital status, physical or mental disability, sex, or age are permitted under ''bona fide'' retirement, superannuation, or pension plans, and under ''bona fide'' insurance plans, including those which are self-funded by employers or provided by third parties (HRC, s 13(3)). | ||
=== 7. Discrimination by Unions, Employer Organizations or Occupational Associations === | === 7. Discrimination by Unions, Employer Organizations or Occupational Associations === | ||
