Difference between revisions of "Protection Against Job Discrimination"

{{Dial-A-Law Blurb}}

 

{{Dial-A-Law TOC|expanded = employment}}

You must file a complaint with the tribunal within '''one year''' 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 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.

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 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)]].

Yes, there are time limits in both cases. You have one year from when the discrimination occurs to file a complaint with the Human Rights Tribunal. If you wait longer than one year, 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.