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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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:*rentals may also be restricted to people with mental or physical disabilities—if the residence is designed for people with disabilities—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). | :*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. | :*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=== | ||
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. However, the Code doesn’t apply to communications intended to be private, meaning not published nor publicly displayed. | :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. However, the Code doesn’t apply to communications intended to be private, meaning not published nor publicly displayed. | ||
==Exceptions and special programs under the ''Human Rights Code''== | ==Exceptions and special programs under the ''Human Rights Code''== | ||
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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, in the past the Tribunal 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. | 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, in the past the Tribunal 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. | ||
Duty to accommodate | ==Duty to accommodate== | ||
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. What constitutes “undue” hardship, however, can vary from case to case. Consider meeting with a lawyer to determine whether your own circumstances are likely to meet the criteria. | 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. What constitutes “undue” hardship, however, can vary from case to case. Consider meeting with a lawyer to determine whether your own circumstances are likely to meet the criteria. | ||
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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Also, any request for accommodation must be supported by medical evidence. | Also, any request for accommodation must be supported by medical evidence. | ||
What can you do if someone discriminates against you? | ===What can you do if someone discriminates against you?=== | ||
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, 2015, you must file the complaint by January 30, 2016. 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. | 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, 2015, you must file the complaint by January 30, 2016. 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. | ||
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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 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?=== | ||
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. | 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? | ===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 BC Human Rights Clinic website at www.bchrc.net or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC. | 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 BC Human Rights Clinic website at [http://www.bchrc.net www.bchrc.net] or phone 604.689.8474 in Vancouver and 1.877.689.8474 elsewhere in BC. | ||
What happens when you file a complaint? | ===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. | 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. | ||
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What remedies can the Tribunal order? | 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: | 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 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 www.bchrt.bc.ca. | |||
What else can you do? | ==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. | 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 at your place of work and you belong to a union, the union 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 Justice also has information on human rights protection on its website at www.ag.gov.bc.ca/human-rights-protection. | If the discrimination is at your place of work and you belong to a union, the union 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 Justice also has information on human rights protection on its website at [http://www.ag.gov.bc.ca/human-rights-protection 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?== | ||
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. | 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. | 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 if you sue the employer for wrongful dismissal, the Tribunal can wait until your other complaints or 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 if you sue the employer for wrongful dismissal, the Tribunal can wait until your other complaints or lawsuit are finished before dealing with your complaint. | ||
