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Difference between revisions of "BC Human Rights Code (6:III)"

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=== 7. Discrimination by Unions, Employer Organizations or Occupational Associations ===
=== 7. Discrimination by Unions, Employer Organizations or Occupational Associations ===


Section 14 states that trade unions, employers’ organizations, and occupational associations may not deny membership to any person or discriminate against a person 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 unrelated criminal record.  Please refer to ''De Lima v Empire Landmark Hotel and Major'', 2006 BCHRT 440.
Section 14 states that trade unions, employers’ organizations, and occupational associations may not deny membership to any person or discriminate against a person 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 unrelated criminal record.  Please refer to ''De Lima v Empire Landmark Hotel and Major'', 2006 BCHRT 440.


Since persons are not covered by section 14, protection against denial of membership has been held to apply only against an implicated union, organization, or association, and not against an individual. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2005/2005bchrt53/2005bchrt53.html?resultIndex=1 Ratsoy v BC Teachers’ Federation]'', 2005 BCHRT 53 at para 23. This differs from other protections granted by the HRC, which, in appropriate circumstances, generally do allow an action to be brought against both an organization (e.g. an employer) and its individual members (e.g. a manager).
Since persons are not covered by section 14, protection against denial of membership has been held to apply only against an implicated union, organization, or association, and not against an individual. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2005/2005bchrt53/2005bchrt53.html?resultIndex=1 Ratsoy v BC Teachers’ Federation]'', 2005 BCHRT 53 at para 23. This differs from other protections granted by the HRC, which, in appropriate circumstances, generally do allow an action to be brought against both an organization (e.g. an employer) and its individual members (e.g. a manager).
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