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{{Dial-A-Law TOC|expanded = employment}}
{{Dial-A-Law TOC|expanded = employment}}
The BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96210_01 Human Rights Code]'' prohibits discrimination in employment. The [http://www.bchrt.bc.ca/ 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:
Being treated differently than others based on personal characteristics is called discrimination. The law protects you from discrimination at work. Learn your rights and options if someone discriminates against you.
*[[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”
*[[Sexual Harassment (Script 271)|271]], called “Sexual Harassment”


==Protection against discrimination in your job==
==Understand your legal rights==
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.
===You are protected against discrimination in your job===
If you’re treated differently than others based on personal characteristics such as the colour of your skin or your sex, it’s called '''discrimination'''. Discrimination can take many forms. Harassment (conduct a reasonable person would consider objectionable or unwelcome), negative differential treatment, or getting unequal pay for similar work are all examples of discrimination.  


==What protection does BC law give?==
There are federal and provincial human rights laws that protect workers from discrimination in the workplace. Most employers in BC are covered by the province’s ''[http://canlii.ca/t/843q Human Rights Code]''. But BC employers in certain industries that are federally regulated, such as banks and airlines, are covered by the ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]''. This law applies throughout the country. The federal law also applies to employers in the federal public service.
The BC ''Human Rights Code'' makes it illegal for employers and others to discriminate based on any of the following things, called “grounds”:
*race
*colour
*ancestry
*place of origin
*political belief
*religion
*marital status
*family status (including family obligations of one person to another, not just parent - child)
*physical disability, including hiv and aids
*mental disability
*sex (including pregnancy)
*sexual orientation
*gender identity or expression
*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)
*retaliation (if someone discriminates against you because you complained to the Tribunal)


Discrimination includes decisions based on the fact that you are in one of the protected classes (for example, you weren’t hired because of your religion or gender). The ground does not need to be the only or main reason for the decision. It is discrimination if the ground is a factor in the decision.
The guidance below focuses on your rights under BC’s law. However, many of the same rules apply to workers covered by the federal law.  


The ''Human Rights Code'' also protects you against employment policies or practices that are not obviously discriminatory but tend to place a greater burden on employees who are members of a protected class. For example, a job requirement may adversely affect a person with a disability. The employer must make reasonable efforts to avoid an adverse impact on an employee related to the grounds of discrimination.
{| class="wikitable"
|align="left"|'''Tip'''
If your situation 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 federal or provincial law applies, you can contact the Commission or the BC Human Rights Tribunal, which deals with complaints under the BC ''Human Rights Code''. Either agency can tell you which one can handle your complaint.
|}


The Code protects you in all aspects of employment, including if you are applying for a job, if you already have a job, or if you are denied a promotion in your current job. That means employers cannot use the grounds in the Code (or your involvement in an earlier complaint) to:
===Employers must not discriminate based on protected grounds===
*fire you.
Under the BC ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code]'', an employer must not discriminate against a worker based on these personal characteristics:
*not hire you.
*their race, colour, ancestry, or place of origin
*not promote you.
*their age (as long as they are age 19 or older)
*discriminate in some other way against you in your job.
*their sex (including pregnancy), sexual orientation, or gender identity or expression
*their marital or family status (including family obligations of one person to another, not just parent–child)
*their political belief or religion
*any physical disability (including HIV and AIDS) or mental disability
*any criminal convictions that are unrelated to the 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.
These are called '''protected grounds'''. You can not be treated differently than others in the workplace based on a protected ground.  


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.
====This protection applies in all aspects of employment====
The protection against discrimination applies in hiring, firing, wages, benefits, hours, and other terms and conditions of work. This means an employer cannot factor a protected ground into:
*not hiring you,
*not promoting you,
*firing you, or
*discriminating in some other way against you in your job.


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.
The protected ground does not need to be the only or main reason for a decision or action by an employer. It is discrimination if the ground is a factor in the decision or action. For example, if you weren’t hired in part because of your religion or sex, that’s discrimination.


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.  
The protection includes the workplace environment. Employers must provide a discrimination-free workplace. They may be liable for discrimination, including harassment, by their workers in the workplace.


==Does the Code cover job ads?==
====Examples of job discrimination====  
Yes. Employers cannot advertise a preference, specification, or limitation based on the grounds in the Code, unless it’s a bona fide (legitimate) job requirement. Job ads should describe the job and the necessary skills and training, not a certain type of person. Normally, everyone has the right to equal opportunity in the workplace—considering only the qualifications for the job, not the grounds in the Code.
Examples of job discrimination include an employer:
*turning down a woman for a job featuring physical labour, believing only men are qualified for that type of work
*changing a term of the job to interfere with a worker’s parental or family duty
*changing a term of the job to interfere with a worker’s religious beliefs
*harassing (or letting other workers harass) a worker over their race, religion, sex or other protected ground
*requiring a worker with a drug addiction to undergo drug testing (unless the employer can justify the testing)
*failing to take reasonable steps to accommodate a deaf employee
*firing a worker because of a mental or physical disability


==Are men and women supposed to get the same pay for similar work?==
===The employer’s duty to accommodate===
Yes. Generally, employers must not pay a man more than a woman for similar, or substantially similar, work. The reverse of this is also true: employers must not pay a woman more than a man for similar or substantially similar work. Whether work is similar, or substantially similar, depends on many things, including the skill, effort, and responsibility a job requires. Employers can still pay different wages to different people based on seniority, merit, and productivity.
Employers must also '''accommodate''' workers to ensure they are treated fairly. Employers must take all reasonable steps to avoid a negative effect on a worker based on a protected characteristic. For example, a job requirement to work on a certain day may hurt someone whose religion prevents them from working on that day. Or, a person with a disability may not be able to perform a certain part of their job because of their disability. In these cases, the employer must make adjustments to accommodate these differences. They must take reasonable steps to remove the harm and support the worker to do the job.  


What about mandatory retirement?
====To the point of undue hardship====
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].
The employer’s duty to accommodate isn’t limitless. It extends only to the point where the accommodation starts causing the employer “'''undue hardship'''”.  


==What are some examples of discrimination in employment?==
Many human rights cases involve complaints that an employer has not accommodated a worker’s disability. The ''Human Rights Code'' does not define disability. Cases have said a disability is involuntary, is somewhat permanent, and impairs a person's ability to carry out the normal functions of life. Accommodation requires an employer and a worker (and a worker’s union, if they are in one) to find a practical solution to accommodate the worker’s disability but not create an undue hardship on the employer. 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.
Typical examples of job discrimination include an employer:
*changing a term or condition of employment that interferes with an employee’s religious beliefs.
*changing a term or condition of employment that interferes with a substantial parental or family duty.
*turning down a woman for a construction job, believing that only men are qualified for that work.
*failing to take reasonable steps to accommodate a deaf employee.
*firing an employee because of a mental or physical disability.
*harassing (or letting other employees harass) an employee over their race, religion, sex or other prohibited ground. An employer is responsible for any discrimination or harassment by employees. For more on sexual harassment, check script [[Sexual Harassment (Script 271)|271]].
*requiring an employee with a drug addiction to undergo drug testing (unless the employer can justify the testing).


==What can you do if an employer discriminates against you?==
===An exception for a “bona fide occupational requirement”===
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”).
An employer may be able to make a decision (such as refusing to hire or promote you) that appears to be discriminatory if they can show the decision was based on a '''bona fide occupational requirement'''. Such a 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 female cleaner, but if the job involved cleaning after hours, it probably could not limit the job to women.


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 protection extends to union membership, employment agencies, and job ads===
A '''trade union, employers' organization or occupational association''' can’t discriminate against you. For example, a union can’t use any of the protected grounds in the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec14_smooth Human Rights Code]'' to stop you from joining the union, to expel or suspend you, or otherwise discriminate against you.


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.
An '''employment agency''' can’t refuse to refer you for employment based on a protected ground.


==Do you need help filing a complaint with the Tribunal?==
As well, under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec11_smooth the Code], the protection extends to '''job ads'''. Employers cannot advertise in connection with a job a limitation, specification, or preference based on a protected ground. The exception is if the limitation, specification, or preference is based on a bona fide job requirement. Job ads should describe the job and the necessary skills and training, not a certain type of person.
The [http://www.bchrcoalition.org/files/services_a.html 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 operated by the [http://www.clasbc.net/ Community Legal Assistance Society].


==Do you belong to a union?==
===If someone discriminates against you===
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.
If someone discriminates against you in the workplace, you have options.


==Does the ''Employment Standards Act'' cover your case?==
====Option 1. Make a human rights complaint====
The ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01 Employment Standards Act]'' covers some of the same situations as the ''Human Rights Code''. But the [http://www.labour.gov.bc.ca/esb/ 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 BC ''Employment Standards Act'' (Script 280)|280]], called “Termination under the BC ''Employment Standards Act''”, for more information. It explains how to file a complaint with the Branch.
You can '''make a complaint''' to the BC Human Rights Tribunal. The tribunal deals with complaints under the ''[http://canlii.ca/t/843q Human Rights Code]''. It operates like a court but is less formal. It has staff who help people resolve complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination.  


==Can you sue for wrongful dismissal?==
You must file a complaint with the tribunal within '''six months''' of when the discrimination happened. You can get a complaint form from the tribunal’s website at [http://www.bchrt.gov.bc.ca/complaint-process/complain/file.htm bchrt.bc.ca] or by calling 604-775-2000 in Vancouver or 1-888-440-8844 elsewhere in BC. Our information on [[Human Rights and Discrimination Protection (Script 236)|human rights and discrimination protection (no. 236)]] explains the steps in making a human rights complaint. We explain what to expect from the process shortly.  
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?==
====Option 2. Complain to the Employment Standards Branch====
A lawyer can give you legal advice about your situation. For the name of a lawyer, call the Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC.
If your employer didn’t follow the ;;[http://canlii.ca/t/8405 Employment Standards Act]'', you can '''make a complaint''' to the Employment Standards Branch, the government office that administers that Act. It covers some situations that can also bring the ''Human Rights Code'' into play. For example, under the ''Employment Standards Act'', an employer cannot fire you because you are pregnant. The Employment Standards Branch has different powers than does the Human Rights Tribunal. See our information on [[If You're Fired - Wrongful Dismissal (Script 241)|if you are fired (no. 241)]] for more details on making a complaint to the Branch.


==Are there time limits for filing a complaint or suing?==
====Option 3. Sue for wrongful dismissal====
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 lose your job because of discrimination, you may decide to sue in court for '''wrongful dismissal'''. You may be able to recover more in damages than in a human rights complaint. On the other hand, bringing a lawsuit is an involved and expensive process. See our information on [[If You're Fired - Wrongful Dismissal (Script 241)|if you are fired (no. 241)]] and [[What is Small Claims Court? (Script 165)|starting a lawsuit (no. 165)]] for more details.


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.
====Option 4. If you belong to a union====
If you belong to a union, one option is to ask the union to file a '''grievance''' about the discrimination.  


==Can an employer make you give up your rights under the ''Human Rights Code''?==
{| class="wikitable"
|align="left"|'''Tip'''
If you complain to the Human Rights Tribunal and also pursue another option (by filing a union grievance, making a complaint under the ''Employment Standards Act'', or suing the employer for wrongful dismissal), the tribunal can wait until the other process is finished before dealing with your complaint. It is a good idea to seek '''legal advice''' on your options. See our information on [[Low Cost and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]].
|}
 
===If you make a human rights complaint===
If you make a complaint to the BC Human Rights Tribunal, 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 protected grounds was at least a factor in the adverse impact.
 
If you show that, the employer can try to prove their conduct was '''justified''' (a bona fide occupational requirement).
 
====The tribunal considers your complaint====
If it finds the complaint may involve a violation of the ''Human Rights 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.
 
====Possible awards====
If the tribunal decides your complaint is justified, it can order the employer or other person to stop discriminating and give you your job back. Or it can order them to give you the right to compete for a job.
 
The tribunal can also order the employer or other person to pay you money ('''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.
 
{| class="wikitable"
|align="left"|'''Tip'''
Write down anything the employer says or does that may be discriminatory. Keep your written record — it may be useful evidence later.
|}
 
==Common questions==
 
===In a job interview, I was asked about my religious beliefs. Is that allowed?===
In a job interview, you can be asked about “protected ground” characteristics as long as the questions aren’t discriminatory. This will depend on the context. For example, you may be asked, as a casual icebreaker, where you’re from. But this question can’t be part of the formal interview.
 
===Are men and women supposed to get the same pay for similar work?===
Yes. Generally, employers must not pay a man more than a woman for similar, or substantially similar, work. The reverse of this is also true: employers must not pay a woman more than a man for similar or substantially similar work. Whether work is similar, or substantially similar, depends on many things, including the skill, effort, and responsibility a job requires. Employers can pay different wages to different people based on seniority, merit, and productivity.
 
===If there a mandatory retirement age in BC?===
No. The ''Human Rights Code'' protects all people 19 and over from discrimination because of their age. Among other things, this means you cannot be forced to retire because of your age. The exception is where an employer can show that an age limit is a bona fide occupational requirement, because of the duties or needs of the work or because of safety issues or dangers. 
 
===Can an employer make me give up my 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.
===Are there time limits for filing a human rights complaint or suing?===
Yes, there are time limits in both cases. You have six months from when the discrimination occurs to file a complaint with the Human Rights Tribunal. If you wait longer than six 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 — see our information on [[What is Small Claims Court? (Script 165)|starting a lawsuit (no. 165)]] for details.
==Get help==
===With a discrimination complaint===
The '''BC Human Rights Clinic''' may be able to help you file a complaint with the Human Rights Tribunal and help you at a hearing. The clinic is operated by the Community Legal Assistance Society (CLAS). 
:Telephone: 604-622-1100 in Vancouver
:Toll-free: 1-855-685-6222
:Web: [https://www.bchrc.net bchrc.net]
In the Greater Victoria area, the '''University of Victoria Law Centre''' provides help for eligible human rights complainants and respondents.
:Telephone: 250-385-1221
:Web: [http://thelawcentre.ca/ thelawcentre.ca]




[updated June 2018]
[updated June 2018]


'''The above was edited by John Blois.'''
'''The above was last reviewed for legal accuracy by Bradley Martyniuk, Lindsay Kenney, and Katherine Hardie, BC Human Rights Tribunal.'''


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