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Difference between revisions of "Human Rights and Discrimination Protection"
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Human Rights and Discrimination Protection (view source)
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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: | 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: | ||
*270, called “Protection Against Job Discrimination” | *[[Protection Against Job Discrimination (Script 270)|270]], called “Protection Against Job Discrimination” | ||
*271, called “Sexual harassment” | *[[Sexual harassment (Script 271)|271]], called “Sexual harassment” | ||
*230, called | *[[Charter of Rights and Freedoms: Overview (Script 230)|230]], called “''Charter of Rights and Freedoms'': Overview” | ||
This script does not deal with: | This script does not deal with: | ||
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*Municipal laws, which may also prohibit some types of discrimination – contact your city hall for information on them. | *Municipal laws, which may also prohibit some types of discrimination – contact your city hall for information on them. | ||
==What types of discrimination does the BC Human Rights Code prohibit?== | ==What types of discrimination does the BC ''Human Rights Code'' prohibit?== | ||
The Code prohibits discrimination based on any of the following 16 things, called grounds: | The Code prohibits discrimination based on any of the following 16 things, called grounds: | ||
*race | *race | ||
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===1. Tenancy premises (renting property) – section 10=== | ===1. Tenancy premises (renting property) – section 10=== | ||
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: | 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: | ||
*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=== | ===2. Accommodations, services, and facilities – section 8=== | ||
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: | 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: | ||
*public facilities to be restricted by sex (washrooms, change rooms). | |||
*insurance companies to distinguish based on sex and mental and physical disability – by charging different premiums and paying different benefits. | |||
===3. Publications – section 7=== | ===3. Publications – section 7=== | ||
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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. | 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. | 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. | ||
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. | 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. | ||
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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 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. | ||
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 www.bchrt.bc.ca or phone the Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. | 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. | ||
==What is the Human Rights Tribunal?== | ==What is the Human Rights Tribunal?== | ||
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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. | 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 270, 280, and 241 for more details. The BC Ministry of Attorney General also has information on human rights protection on its website at www.ag.gov.bc.ca/human-rights-protection | 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?== | ==Are there time limits for filing a complaint and suing?== | ||
