Protected Grounds in British Columbia
Under the BC Human Rights Code, R.S.B.C. 1996, c. 210, individuals are protected against discrimination based on specific protected grounds. These protections apply in key areas of daily life, including employment, tenancy, services available to the public, publications, and union or professional association membership.
Purpose of the Code
The Code promotes equality by prohibiting discrimination and harassment. Its goal is to ensure all individuals can fully participate in economic, cultural, and civic life in British Columbia.
📍 Not in BC?
If you’re an employee or employer in Ontario, the law works differently. See our Ontario-specific article about protected grounds.
Protected Grounds in BC
The Code protects against discrimination based on the following personal characteristics:
- Indigenous identity
- Race, colour, ancestry, place of origin
- Religion
- Marital status
- Family status (e.g., single parents, caregiving responsibilities)
- Physical or mental disability
- Sex (including pregnancy, breastfeeding, and protection against sexual harassment)
- Sexual orientation
- Gender identity or expression (added in 2016)
- Age (19 and over)
- Political belief – employment and employment ads only
- Criminal or summary conviction – if unrelated to employment; applies to employment and union/association membership
- Lawful source of income – tenancy protections (e.g., social assistance, pension)
“Human rights laws in British Columbia safeguard both employees and employers by setting clear rules around protected grounds. Speaking with a lawyer can help ensure rights are upheld and obligations are met before issues escalate.”
Application Across Different Areas
Not every ground applies in every context; the protection depends on the specific area:
| Area of Life | Applicable Grounds |
|---|---|
|
Employment |
All grounds, plus political belief and criminal record protections |
|
Services & Facilities |
Grounds like Indigenous identity, race, sex, disability, and gender
identity/expression |
|
Housing / Tenancy |
Includes lawful source of income and family status in many cases |
Why This Matters
Discrimination can arise through overt conduct, systemic barriers, or even unconscious bias. Importantly:
- Complaints can be based on perceived membership in a protected group.
- Employers, landlords, and service providers must provide accommodation to the point of undue hardship.
- Obligations for Employers, Landlords & Service Providers
- Review and update policies to ensure compliance with the Code.
- Provide training to recognize and avoid direct or systemic discrimination.
- Implement accommodation processes for disability, family status, and religious needs.
- Seek legal advice before relying on exceptions (e.g., bona fide occupational requirements).
Rights for Individuals Facing Discrimination
- File a complaint: Complaints are made to the BC Human Rights Tribunal, which can order remedies such as compensation and policy changes.
- Seek support: The BC Human Rights Clinic provides free advice and assistance in preparing complaints.
Contact Achkar Law
Unsure if your workplace, tenancy, or services comply with the BC Human Rights Code
or if your rights may have been violated?
Contact Achkar Law for clear guidance and practical solutions.
Call toll-free: 1-800-771-7882 | Email: [email protected]
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. ©