3,009
edits
Difference between revisions of "Protection Against Job Discrimination"
From Clicklaw Wikibooks
Protection Against Job Discrimination (view source)
Revision as of 22:28, 17 December 2014
, 22:28, 17 December 2014no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 3: | Line 3: | ||
The BC ''[http://http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01 Human Rights Code]'' prohibits discrimination in employment. The BC Human Rights Tribunal handles discrimination complaints. This script explains how the Code protects you on the job and what you can do if an employer discriminates against you. Also, check the following related scripts: | The BC ''[http://http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01 Human Rights Code]'' prohibits discrimination in employment. The BC Human Rights Tribunal handles discrimination complaints. This script explains how the Code protects you on the job and what you can do if an employer discriminates against you. Also, check the following related scripts: | ||
*236, called “Human | *[[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection” | ||
*271, called “Sexual | *[[Sexual Harassment (Script 271)|271]], called “Sexual Harassment” | ||
==Protection against discrimination in your job== | ==Protection against discrimination in your job== | ||
Federal and provincial human rights laws protect you from workplace discrimination. If you are qualified for a job, it is illegal for an employer to fire you, or to not hire or promote you, based on the grounds covered in the Code. In addition, employers are liable for discrimination by their employees. If you’re fired, you may also be able to sue the employer in court for wrongful dismissal. | Federal and provincial human rights laws protect you from workplace discrimination. If you are qualified for a job, it is illegal for an employer to fire you, or to not hire or promote you, based on the grounds covered in the Code. In addition, employers are liable for discrimination by their employees. If you’re fired, you may also be able to sue the employer in court for wrongful dismissal. | ||
This script does not explain the Canadian Human Rights Act, which covers businesses and activities regulated by federal law. These include banks, railways, airlines and airports, phone and cable companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at 1.888.214.1090. 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. | This script does not explain the Canadian ''Human Rights Act'', which covers businesses and activities regulated by federal law. These include banks, railways, airlines and airports, phone and cable companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at 1.888.214.1090. 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. | ||
What protection does BC law give? | ==What protection does BC law give?== | ||
The BC Human Rights Code makes it illegal for employers to discriminate based on any of the following things, called “grounds”: | The BC Human Rights Code makes it illegal for employers to discriminate based on any of the following things, called “grounds”: | ||
| Line 72: | Line 72: | ||
The Human Rights Clinic may be able to help you file a complaint with the Tribunal. The Clinic may also be able to help you at a hearing. The Clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. Call the Coalition at 604.689.8474 in Vancouver or 1.877.689.8474 elsewhere in BC. | The Human Rights Clinic may be able to help you file a complaint with the Tribunal. The Clinic may also be able to help you at a hearing. The Clinic is a project of the BC Human Rights Coalition and the Community Legal Assistance Society. Call the Coalition at 604.689.8474 in Vancouver or 1.877.689.8474 elsewhere in BC. | ||
Do you belong to a union? | ==Do you belong to a union?== | ||
If you belong to a union, ask the union to file a grievance about the discrimination by your employer. If the union refuses to file a grievance on your behalf, you can complain either to the Labour Relations Board or the Human Rights Tribunal—if the union refused to file a grievance for you because of some discriminatory reason. | If you belong to a union, ask the union to file a grievance about the discrimination by your employer. If the union refuses to file a grievance on your behalf, you can complain either to the Labour Relations Board or the Human Rights Tribunal—if the union refused to file a grievance for you because of some discriminatory reason. | ||
Does the Employment Standards Act cover your case? | ==Does the ''Employment Standards Act'' cover your case?== | ||
The Employment Standards Act covers some of the same situations as the Human Rights Code. But the Employment Standards Branch, (which enforces the Employment Standards Act) cannot apply the Code. For example, under the Employment Standards Act, an employer cannot fire you because you are pregnant. But the Branch cannot give you the same remedy you could get under the Code. Check script 280, called “Termination under the Employment Standards Act, | The Employment Standards Act covers some of the same situations as the Human Rights Code. But the Employment Standards Branch, (which enforces the ''Employment Standards Act'') cannot apply the Code. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. But the Branch cannot give you the same remedy you could get under the Code. Check script [[Termination under the ''Employment Standards Act'' (Script 280)|280]], called “Termination under the ''Employment Standards Act''”, for more information. It explains how to file a complaint with the Branch. | ||
Can you sue for wrongful dismissal? | ==Can you sue for wrongful dismissal?== | ||
If you lose your job because of discrimination, you may also be able to sue in court for wrongful dismissal. Check script 241, called “If | If you lose your job because of discrimination, you may also be able to sue in court for wrongful dismissal. Check script [[If You’re Fired: Wrongful Dismissal (Script 241)|241]], called “If You’re Fired: Wrongful Dismissal”, for more information. But complaining to the Tribunal may work better in this type of case. As well, a wrongful dismissal lawsuit can be complicated and expensive. If you are thinking about suing, get legal advice first. | ||
Have you seen a lawyer? | ==Have you seen a lawyer?== | ||
A lawyer can give you legal advice about your situation. 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. | A lawyer can give you legal advice about your situation. 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. | ||
Are there time limits for filing a complaint or suing? | ==Are there time limits for filing a complaint or 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, your complaint may still be accepted if the Tribunal believes it is in the public interest to accept it and no party will be prejudiced because of the delay. There are also time limits for suing in court—you need legal advice about that. | 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, your complaint may still be accepted if the Tribunal believes it is in the public interest to accept it and no party will be prejudiced because of the delay. 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. | 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. | ||
Can an employer make you give up your rights under the Human Rights Code? | ==Can an employer make you give up your rights under the ''Human Rights Code''?== | ||
No. The Code does not let people agree to give up their rights. An employer cannot ask you to sign a contract that says the employer can discriminate against you. | No. The Code does not let people agree to give up their rights. An employer cannot ask you to sign a contract that says the employer can discriminate against you. | ||
[updated July 2014] | [updated July 2014] | ||
