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{{Dial-A-Law TOC|expanded = rights}}
270, called “Protection Against Job Discrimination”
271, called “Sexual Harassment”
230, called “Charter of Rights and Freedoms: Overview”
This script does not deal with:
The Code prohibits discrimination based on any of the following 16 things, called grounds:
race
colour
ancestry
place of origin
political belief—this applies only to employment, employment ads, and membership in a union or occupational association
religion
marital status
family status—this does not apply to the purchase of property
physical disability, including HIV and AIDS
mental disability
sex
sexual orientation
age (if you’re 19 and above)—this does not apply to the purchase of property
criminal or summary convictions unrelated to employment or membership—this applies only to employment, and membership in a union or occupational association
lawful source of income (this applies only to tenancies)
retaliation (taking action against a person who complained to the Tribunal, was named in a complaint, was a witness, or helped someone with a complaint)
The Code prohibits discrimination in the following 8 areas:
tenancy premises (renting property)—section 10accommodation, service, and facility—section 8publication—section 7purchase of property (including commercial and residential property, bare land, and leases)—section 9employment ads—section 11wages—section 12 (this is about wage differences based on sex)employment—section 13membership in unions and occupational associations—section 14Not all 16 grounds apply to all 8 areas – some areas—some of the exceptions are described below. Human rights cases often involve the first three areas – here areas—here are more details on them:
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:
Charitable, philanthropic, religious, educational, and other non-profit organizations and corporations may be able to give a preference to certain people. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, age, religion, sex, marital status, political belief, colour, ancestry, or place of origin.
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 has 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.
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 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 duty to accommodate requires that all the parties engage in the process of trying to discover ways to accommodate, even if ultimately no accommodation can be found. The failure to engage in the process can by itself be a breachin itself. A person requesting accommodation is entitled only to a reasonable not “reasonable” rather than a perfect accommodation. There may have to be some compromisefrom both parties.
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 [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.
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 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.
So first, the Tribunal must decide if the Code covers your complaint. If it does, the Tribunal will ask the person or business you complained about, called the respondent, to reply to your complaint. The respondent can ask the Tribunal to dismiss your complaint without a hearing. The Tribunal will try to help you and the respondent settle the complaint – it holds , first by holding a settlement meeting. If you can’t settle the case, a Tribunal member may hold a hearing. The member will decide if the complaint is justified, and if it is, the Tribunal can order a remedy. The decision will for this order can be either oral or written.
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:
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 at your job, place of work and you belong to a union, it 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 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 Justice 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].
There are also time limits for suing in court – you 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 and the or lawsuit are finished before dealing with your complaint.
[updated April 2015]