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===You are protected against discrimination under BC law===
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 the form of harassmentmany forms. Harassment (conduct a reasonable person would consider objectionable or unwelcome), unequal pay for similar work, publications that discriminate or spread hatred, or simply, negative differential treatmentare all examples of discrimination.
In BC, the ''[http://canlii.ca/t/843q Human Rights Code]'' prohibits discrimination based on various personal characteristics. These are called '''protected grounds'''. They include:
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.
====Undue To the point of undue hardship====The employer’s duty to accommodate isn’t limitless. It extends only to the point where the accommodation starts causing the employer “'''undue hardship'''”. 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 differences 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.
Employers may be able to justify discrimination if it is based on a '''bona fide occupational requirement'''. For example, a pilot must have 20/20 vision.
If you think someone has violated your human rights under the ''[http://canlii.ca/t/843q Human Rights Code]'', you have options.
You can '''make a human rights complaint'''complaint to the Human Rights Tribunal'''. The tribunal deals with complaints under the ''Human Rights Code''. It operates like a court but is less formal. It has staff who help people solve resolve complaints without going to a hearing. If that’s not possible, they hold a hearing to decide if there was discrimination. We explain the process to make a complaint to the tribunal shortly. If the discrimination is at your '''place of work''' and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to the Employment Standards Branch, the government office that administers the ''Employment Standards Act''. Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on [[Protection Against Job Discrimination (Script 270)|protection against job discrimination (no. 270)]].
{| class="wikitable"
|align="left"|'''Tip'''
If you complain to the Human Rights Tribunal, and also file pursue another option (by filing a complaint (union grievance) with , making a union complaint under the Employment Standards Act, or sue your suing the employer for wrongful dismissal), the tribunal can wait to deal with your complaint until your the other matter process is finished, if it will deal before dealing with the discriminationyour 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)]].
|}
==To make a discrimination human rights complaint==
===Step 1. Make a complaint to the Human Rights Tribunal===
Get a '''complaint form''' from the Human Rights Tribunal, fill it in, and file it with the tribunal within '''six months''' of when the discrimination happened. If you wait more longer than six months to file , your complaint, you must explain on 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 form why you are filing latedelay.
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], from the tribunal office, or at government agent offices. The tribunal can handle complaints only if the ''Human Rights Code'' covers them. It is important to give all the information that supports your complaint. You can file the complaint in person, by mail, fax, courier, or email.
==Get help==
===Filing With a human rights 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: 604-689622-8474 1100 in Vancouver :Toll-free: 1-877855-689685-8474 6222
:Web: [https://www.bchrc.net bchrc.net]