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{{Dial-A-Law TOC|expanded = rights}}
==What types of =You are protected against discrimination does the under BC ''Human Rights Code'' prohibit?law===The Code prohibits discrimination If you’re treated differently than others based on any personal characteristics such as the colour of the following 16 protected characteristicsyour skin or your sex, it’s called '''prohibited grounds of discrimination''':*race*colour*ancestry*place . Discrimination can take the form of origin*political belief—this applies only to employmentharassment, employment adsunequal pay for similar work, and membership in a union publications that discriminate or occupational association*religion*marital status*family status—this does not apply to the purchase of property*physical disabilityspread hatred, including HIV and AIDS*mental disability*sex*sexual orientation*gender identity and gender expression*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 employmentsimply, and membership in a union or occupational association*lawful source of income (this applies only to tenancies)negative differential treatment.
The Code prohibits discrimination in the following 8 protected these '''areas''':*employment—section 13employment *tenancy premises (renting or purchasing property)—section 10*accommodation, service, services and a facility made available facilities open to the public—section 8*publications—section 7*purchase of property (including commercial and residential property, bare land, and leases)—section 9*employment ads—section 11*wages—section 12 (this is about wage differences based on sex)public *membership in unions and occupational associations—section 14publications
The BC Human rights cases often involve employment, tenancy, services, Rights Clinic provides a [http://www.bchrc.net/overview_of_human_rights_law#protected chart of protected grounds and publications—here are some details on them:protected areas].
==1. Employment—section 13=You are protected from discrimination in the workplace===Everyone has a right to be free from discrimination in their employmentwork. This includes hiring, firing, wages, benefits, hours , and other terms and conditions of work. It also includes the workplace environment. Treating someone badly based on one of the protected grounds in section 13 of the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec13_smooth Human Rights Code ]'' is prohibited. Employers must provide a discrimination-free workplace, and they may be liable for discrimination, including harassment, by their employeesworkers. (For more on harassment in the workplace, see our information on [[Sexual Harassment (Script 271)|sexual harassment, no. 271]].)
====The employer’s duty to accommodate====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 more example, a job requirement to work on harassment in 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 workplace, see Script [[Sexual Harassment (Script 271)|271]]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.
Many human rights cases involve complaints that an employer has not accommodated an employee’s a worker’s disability. The ''Human Rights Code '' does not define disability, but cases . Cases have said that it 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.
==4. Publications—section 7=You are protected from discrimination in publications===The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec7_smooth Human Rights Code ]'' prohibits publications that indicate discrimination or an intention to discriminate, or that would are likely to expose a person or group to hatredor contempt. This includes any published statement, notice, sign, or other representation that is not private. But the Code This protection does not prohibit cover publications that express offensive or hurtful ideasyet fall short of discriminating or promoting hatred.
==Exceptions and special programs under the ''Human Rights Code''=There are some exceptions to human rights laws in BC===CharitableA charitable, philanthropic, religious, educational, and other non-or social organization that is not operated for profit organizations and corporations may be able to give a preference to certain peoplemembers of an identifiable group. 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, religion, age, sex, sexual orientation, gender identify identity or expression, marital status, political belief, colour, ancestry, or place of origin.
In addition, organizations can ask the Human Rights Tribunal to approve a specific program or activity as a Special Program '''special program''' under the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-210/latest/rsbc-1996-c-210.html#sec42_smooth Human Rights Code]''. The purpose of the program or activity must be to improve conditions for a person or group disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression. For example, in the past the Tribunal 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 =More on the “duty to accommodateaccommodate”===The ''Human Rights Code '' prohibits acts or omissions that have a discriminatory effect. Protecting human rights may require an employer, landlord, or service provider to take reasonable steps to remove the discriminatory effect, to the best of their ability. This is called the '''duty to accommodate to the point of undue hardship. For ''' might apply, for example, to a restaurant or apartment building may have requiring them to provide a ramp for people who use wheelchairs. This may cause them some hardship because they must spend money to build the ramp. Hardship becomes undue if it would be unfair to expect them to take action, given their size, profits, or other factors.
The duty to accommodate requires all parties to take part in a process to try to accommodate. Failure to take part in the process can violate the ''Human Rights Code does ''. A person requesting accommodation is entitled only to reasonable — not define disability, but cases perfect — accommodation. Both parties may 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 lifecompromise.
You can get a complaint form from could '''seek legal advice''' on your options. You could try the Tribunal website, the Tribunal office, Lawyer Referral Service (call 1-800-663-1919) or see our information on [[Low Cost and Free Legal Services (Script 430)|free and government agentslow-cost legal help (no. You can file a complaint in person, by mail, fax, courier, or email430)]].
==What is =Step 1. Make a complaint to the Human Rights Tribunal?===The Get a '''complaint form''' from the Human Rights Tribunal is , fill it in, and file it with the organization that deals with complaints under tribunal within '''six months''' of when the Codediscrimination happened. It operates like a court but is less formal. It has staff and members who help people solve complaints without going If you wait more than six months to a hearing. If that’s not possiblefile your complaint, they hold hearings into complaints. Members are experts in human rights law who are appointed by you must explain on the BC government. Tribunal hearings form why you are normally publicfiling late.
==Step 2. The tribunal considers your complaint==The Human Rights Tribunal reviews your complaint to see if it is covered by the ''Human Rights Code'' and if what happened could violate the Code. If the Tribunal tribunal decides it can handle your complaint, it will notify the person or business you complained about, called the '''respondent. You and the respondent can try to resolve the complaint at mediation. If that doesn’t work, the respondent must reply to your complaint. The respondent can also ask the Tribunal to dismiss your complaint without a hearing. If you don’t settle your complaint and it’s not dismissed without a hearing, the Tribunal will hold a hearing. A Tribunal member will decide if the complaint is justified, and if it is, the Tribunal will order a remedy. The Tribunal will give you a written decision'''.
You and the respondent can try to settle the complaint. The tribunal offers mediators who help the parties to resolve the complaint on their own. If that doesn’t work, the respondent must reply to your complaint. The respondent can also ask the tribunal to dismiss your complaint without a hearing. ==What remedies can the Tribunal order?=Step 3. Attend a tribunal hearing===If you don’t settle your complaint and it’s not dismissed without a '''hearing''', the tribunal will hold a hearing. A tribunal member will decide if the complaint is justified. If it is, the tribunal will order a '''remedy'''. 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 followingrespondent:
*stop discriminating
*make available the right, or 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 for lost wages, benefits, or expenses
==What else can you do?=Step 5. Seek a judicial review===Talk You can apply to a lawyer about all your legal options. For the name of a lawyer, call Lawyer Referral at 604BC Supreme Court for [http://www.687bchrt.3221 in the lower mainland and 1bc.800ca/complaint-process/after-hearing/review.663htm judicial review] of the tribunal’s decision.1919 elsewhere There are time limits for suing in BCcourt, and the process is very involved. You probably need legal help to apply for judicial review.
==Are there time limits for filing =Filing a human rights complaint and suing?===Yes, there are time limits in both cases. You have 6 months from when the discrimination occurs The '''BC Human Rights Clinic''' may be able to help you file a complaint with the Human Rights Tribunaland help you at a hearing. If you wait longer than 6 months, The clinic is operated by the Tribunal may still accept your complaint, but you will have to explain why you delayedCommunity Legal Assistance Society (CLAS). :Telephone: 604-689-8474 in Vancouver :Toll-free: 1-877-689-8474 :Web: [https://www.bchrc.net bchrc.net]
[updated February 2018]
'''The above was last reviewed for legal accuracy by [http://www.clasbc.net/laura_track Laura Track], Community Legal Assistance Society and [http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+Hardie&objectId=43315 Katherine Hardie], BC Human Rights Tribunal.'''
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