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Difference between revisions of "Protection Against Job Discrimination"
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Protection Against Job Discrimination (view source)
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==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 [http://laws.justice.gc.ca/eng/acts/H-6/ 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 [http://www.chrc-ccdp.ca/ 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 [http://laws.justice.gc.ca/eng/acts/H-6/ 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 [http://www.chrc-ccdp.ca/ 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 and others to discriminate based on any of the following things, called “grounds”: | ||
*race | *race | ||
*colour | *colour | ||
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*physical disability, including hiv and aids | *physical disability, including hiv and aids | ||
*mental disability | *mental disability | ||
*sex | *sex (including pregnancy) | ||
*sexual orientation | *sexual orientation | ||
*gender identity or expression | |||
*age (if you are 19 years of age or older) | *age (if you are 19 years of age or older) | ||
*criminal or summary convictions (may include conduct that did not result in a charge or conviction, as long as it is unrelated to the job) | *criminal or summary convictions (may include conduct that did not result in a charge or conviction, as long as it is unrelated to the job) | ||
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*not promote you. | *not promote you. | ||
*discriminate in some other way against you in your job. | *discriminate in some other way against you in your job. | ||
The Code prohibits any person from discriminating against you if their conduct has a sufficient connection to your employment. For example, this would include harassment based on a ground of discrimination that adversely affects your work environment. | |||
Employment agencies and unions can’t discriminate against you either. For example, a union can’t use any of the grounds in the Code to stop you from joining. And unions cannot discriminate in employment. But this would normally apply only if a collective agreement discriminated (the union negotiated a discriminatory term of employment) or the union impeded an employer’s efforts to accommodate. | Employment agencies and unions can’t discriminate against you either. For example, a union can’t use any of the grounds in the Code to stop you from joining. And unions cannot discriminate in employment. But this would normally apply only if a collective agreement discriminated (the union negotiated a discriminatory term of employment) or the union impeded an employer’s efforts to accommodate. | ||
But a potential employer or your current employer may be able to make job-related decisions (for example, to refuse to hire or promote you) even though it appears that the decision is discriminatory—if the employer can show that it based the decision on bona fide | But a potential employer or your current employer may be able to make job-related decisions (for example, to refuse to hire or promote you) even though it appears that the decision is discriminatory—if the employer can show that it based the decision on a bona fide (legitimate) occupational requirement. A bona fide occupational requirement is a legitimate job-related qualification where the employer cannot accommodate the protected ground without facing undue hardship. For example, a women’s health club could probably limit work cleaning a women’s locker room while women are present to a woman cleaner, but if the job involved cleaning after hours, it probably could not limit it to women. | ||
In an employment interview, the interviewer can ask questions about personal characteristics as long as the questions are not discriminatory. That depends on context. For example, an interviewer could ask a person where they come from as part of normal conversation. | |||
==Does the Code cover job ads?== | ==Does the Code cover job ads?== | ||
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What about mandatory retirement? | What about mandatory retirement? | ||
Mandatory retirement is prohibited in BC (with exceptions for legitimate job requirements). More on this is available on the [ | Mandatory retirement is prohibited in BC (with exceptions for legitimate job requirements). More on this is available on the [https://www2.gov.bc.ca/gov/content/justice/human-rights/ending-mandatory-retirement BC government website]. | ||
==What are some examples of discrimination in employment?== | ==What are some examples of discrimination in employment?== | ||
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File a complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. Its website has details. Or you can call it at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC (also, check script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”). | File a complaint with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. Its website has details. Or you can call it at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC (also, check script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”). | ||
You | You must show that the employer’s conduct (or the conduct of another person) had an adverse impact on you and that one of the grounds of discrimination was at least a factor in the adverse impact. If you show that, the employer must prove their conduct was justified (a bona fide occupational requirement). Write down anything the employer says or does that may be discriminatory. Keep your written record—it may be useful evidence later. | ||
The Tribunal will review your complaint and if it | The Tribunal will review your complaint and if it finds that the complaint may involve a violation of the Code, the Tribunal will ask the employer to reply to your complaint. The Tribunal can try to help you and the employer settle the complaint. If that is not possible, the Tribunal may hold a hearing. If it decides your complaint is justified, the Tribunal can order the employer or other person to stop discriminating and give you your job back. Or order them to give you the right to compete for a job. It can also order the employer or other person to pay you money—called compensation—for lost income (including wages and disability and other benefits) and expenses. The Tribunal can also order the employer or other person to pay you compensation for injury to your dignity, feelings, and self-respect. In most cases, these damages are under $10,000, but some damage awards have been much higher, up to $75,000. | ||
==Do you need help filing a complaint with the Tribunal?== | ==Do you need help filing a complaint with the Tribunal?== | ||
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==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 | If you belong to a union, one option is to ask the union to file a grievance about the discrimination by your employer. If the union refuses to file a grievance for you for some discriminatory reasons, 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?== | ||
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[updated | [updated June 2018] | ||
'''The above was edited by John Blois.''' | |||
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