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Your Rights Under the BC Human Rights Code: What Every Employee Needs to Know Before It’s Too Late
If you work in British Columbia and believe you have been treated unfairly because of who you are your disability, race, gender, religion, family status, or another personal characteristic BC's Human Rights Code may give you a legal remedy. Understanding what the Code protects, how it applies in the workplace, and what you can do if your rights have been violated is the starting point for anyone facing discrimination or harassment at work in BC.
For employees, the most important application is in the workplace. The Code protects you from discrimination in hiring, promotions, discipline, and termination. It also requires your employer to accommodate your needs to the point of undue hardship. Violations can be pursued through the BC Human Rights Tribunal, which can order lost wages, damages for injury to dignity, and policy changes.
Have you experienced discrimination or harassment at work in BC based on a personal characteristic?
Human rights complaints in BC must generally be filed within one year of the last incident. Get advice before that deadline passes.
Call: 1-800-771-7882 Speak With a Human Rights LawyerProtected grounds under the BC Human Rights Code
The Human Rights Code makes it illegal to discriminate against someone in the workplace based on any of the following personal characteristics. Not every ground applies in every situation for example, political belief is only protected in employment contexts.
What the Code protects in the workplace
Hiring and recruitment
Your employer cannot refuse to hire you, screen you out, or impose conditions on hiring based on a protected ground. Job postings, interviews, and selection criteria that discriminate on the basis of a protected characteristic violate the Code.
Terms and conditions of employment
Discrimination in pay, assignments, scheduling, performance evaluations, and workplace conditions based on a protected ground is prohibited. This includes both direct discrimination and policies that appear neutral but have a disproportionate negative impact on people with a protected characteristic.
Promotion and advancement
Being passed over for a promotion or opportunity because of a protected ground is a form of discrimination. Where you can show your protected characteristic was a factor in an adverse employment decision, you may have a valid complaint.
Harassment in the workplace
The Code protects employees from harassment based on a protected ground, including sexual harassment. Harassment is a pattern of unwanted conduct that creates a hostile or demeaning work environment. A single serious incident may also be sufficient in some circumstances.
Termination and discipline
Where a dismissal or disciplinary action was connected to a protected ground such as disability, pregnancy, or a human rights complaint you filed it may constitute discrimination under the Code regardless of any other stated reason.
Duty to accommodate
Your employer has a legal obligation to accommodate your needs related to a protected ground such as a disability, religious practice, or family status obligation to the point of undue hardship. Failing to explore accommodation before disciplining or dismissing you may constitute discrimination.
What remedies the BC Human Rights Tribunal can order
Have you experienced discrimination or harassment at work in BC?
Human rights complaints must generally be filed within one year of the last incident. A lawyer can help you assess whether your situation gives rise to a complaint and how to present it most effectively. Get advice before the deadline passes.
Speak With a Human Rights Lawyer Or call us: 1-800-771-7882Frequently asked questions about the BC Human Rights Code
What does the BC Human Rights Code protect employees from?
The Human Rights Code protects BC employees from discrimination and harassment based on protected personal characteristics including race, disability, sex, sexual orientation, gender identity, religion, family status, and others. It applies to hiring, pay, promotions, workplace conditions, and termination. It also requires employers to accommodate employees to the point of undue hardship where a protected ground is involved.
What is the duty to accommodate under the BC Human Rights Code?
The duty to accommodate requires employers to take reasonable steps to adjust working conditions, schedules, or policies to address an employee's needs related to a protected ground such as a disability, religious obligation, or family status responsibility. The duty extends to the point of undue hardship, which means significant cost, health risk, or safety risk to the employer. Inconvenience or preference is not undue hardship.
How do I file a human rights complaint in BC?
Complaints are filed with the BC Human Rights Tribunal. The complaint must generally be filed within one year of the last incident of discrimination. The Tribunal assesses whether the complaint has merit, may attempt mediation, and can hold a hearing where remedies including lost wages and damages for injury to dignity may be awarded. Getting legal advice before filing helps ensure your complaint is properly framed and captures the full scope of what you experienced.
Can I be fired for filing a human rights complaint in BC?
No. Retaliation against an employee for filing or participating in a human rights complaint is itself prohibited under the Human Rights Code. Where you were disciplined, demoted, or terminated in response to a complaint you made, that retaliation may give rise to a separate and additional human rights claim on top of the underlying complaint.
Does the Human Rights Code apply to small employers in BC?
Yes. The Human Rights Code applies to all employers in BC regardless of size. There is no minimum employee threshold. Even a single-employee business is subject to the Code's prohibitions on discrimination and harassment and the duty to accommodate.
What is the difference between the BC Human Rights Code and the Canadian Human Rights Act?
The BC Human Rights Code applies to provincially regulated employers and workplaces in BC. The Canadian Human Rights Act applies to federally regulated employers such as banks, airlines, telecommunications companies, and interprovincial transportation. If you work for a federally regulated employer in BC, your complaint would go to the Canadian Human Rights Commission rather than the BC Human Rights Tribunal.
Experienced discrimination or harassment at work in BC?
The one-year limitation period for human rights complaints applies from the last incident. Our team advises employees across BC on human rights complaints, accommodation disputes, and workplace discrimination. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©