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Difference between revisions of "Protection Against Job Discrimination"
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Protection Against Job Discrimination (view source)
Revision as of 23:13, 13 May 2016
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==Does the Code cover job ads?== | ==Does the Code cover job ads?== | ||
Yes. Employers cannot advertise a preference, specification, or limitation based on the grounds in the Code, unless it’s a bona fide | 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. | ||
==Are men and women supposed to get the same pay for similar work?== | ==Are men and women supposed to get the same pay for similar work?== | ||
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You have to show that the employer’s conduct (or the conduct of another employee) 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 has to 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 on. | You have to show that the employer’s conduct (or the conduct of another employee) 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 has to 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 on. | ||
The Tribunal will review your complaint and if it determines that the complaint may be a violation of the Code, the Tribunal will ask the employer to reply to your complaint. The Tribunal can attempt 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 to stop discriminating and give you your job back, or give you the right to compete for a job. It can also order the employer to pay you money—called compensation—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 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, | The Tribunal will review your complaint and if it determines that the complaint may be a violation of the Code, the Tribunal will ask the employer to reply to your complaint. The Tribunal can attempt 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 to stop discriminating and give you your job back, or give you the right to compete for a job. It can also order the employer to pay you money—called compensation—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 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?== | ||
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 | 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?== | ==Do you belong to a union?== | ||
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==Does the ''Employment Standards Act'' cover your case?== | ==Does the ''Employment Standards Act'' cover your case?== | ||
The ''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. | 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. | ||
==Can you sue for wrongful dismissal?== | ==Can you sue for wrongful dismissal?== | ||
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[updated | [updated May 2016] | ||