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What is discrimination?

Discrimination is when a worker experiences harmful treatment at work that is connected to a part of their identity protected by the Code, such as age or race.

A worker experiences discrimination if each of these are true:

  1. A part of their identity, such as age or race, is protected by the Code,
  2. They experience harm or a negative impact at work and
  3. The harm they experience is connected to the part of their identity protected by the Code.

You can find a full list of identities protected by the Code here.

Discrimination may be:

  • a one-time event

    For example, a woman is fired after her manager finds out she is pregnant.

  • words and actions where the impact builds to create a poisoned work place

    For example, co-workers repeatedly make race-based comments and jokes about their Asian co-worker.

  • obvious

    For example, a worker using a wheelchair loses their job when the office relocates to a building without an elevator.

  • subtle

    For example, a manager limits opportunities for younger workers by assigning important projects to other workers.

What are my responsibilities under the Code?

  • You are responsible to make sure policies and practices—the way things are done in your workplace—are free from discrimination. Workers should not experience harm connected to a part of their identity protected by the Code because of rules you make in the workplace, unless changing those rules would cause you undue hardship.

    Ask yourself

    • What is the impact of this policy or practice on different groups of people? For example, does it impact women differently than men?
    • What information or data could I collect to help identify discrimination in policies or practices? This might include common complaints, information from exit interviews, or turnover rates.
    • Am I considering different perspectives and/or impacts when I make new policies or start new practices? Who do I ask for input?
    • How could I adjust policies or practices to create a more inclusive experience for all workers?

    Read an example!

  • You are responsible for taking steps to stop discrimination that happens within your workplace. You are responsible for the conduct of your employees when they are working. Steps to stop discrimination may include

    • Having an anti-discrimination policy
    • Providing training for managers and workers about human rights in the workplace
    • Providing reasonable accommodation
    • Having a way for workers to report discrimination in the workplace
    • Responding to reports of discrimination
    • Taking steps to stop the discrimination

    Read an example!

  • You are responsible to accommodate workers and people applying for jobs. An accommodation makes sure you address any barriers in the workplace based on a part of their identity protected by the Code.

    A worker may tell you they need an accommodation. On the other hand, if you have reason to believe a worker needs accommodation or if the worker identifies a barrier, such as a disability, you have a duty to inquire. You can be careful not to make assumptions or ask personal questions. Instead you can share what you are observing, ask about barriers the worker is experiencing and make sure the worker knows about accommodations.

    Read an example!

    Some examples of workers who may require an accommodation to remove a barrier based on a part of their identity protected by the Code include:

    • A worker who observes the Jewish Sabbath and can’t work from sunset on Friday until an hour after sunset on Saturday
    • A worker who is partially sighted and needs a larger monitor for their computer
    • A worker who is pregnant and can’t work with the chemicals in the lab

    Accommodations require an individualized assessment, but may include things like

    • providing special equipment
    • adjusting a work schedule
    • changing an employee’s duties
    • providing additional training

    You are responsible to

    • learn about the worker’s accommodation needs,
    • explore the options to put an accommodation in place,
    • keep the worker’s personal information confidential and
    • work together to put in place a reasonable accommodation.

    Read an example!

    You are responsible to do this work each time an accommodation is required because each accommodation situation is different and needs an individual plan.

    • Different workers likely need different accommodations, even if they have the same disability.
    • Workers may need different accommodations when there are changes at work such as new assignments, new technology or tools, or changes to the job location.
    • A worker’s accommodation needs may change over time as their health, family, or personal circumstances change.

    You are responsible to do this work and explore options, even if you think you cannot accommodate the worker. The worker also has responsibilities during the accommodation process.

  • You are responsible to pay workers the same pay for the same work.

    For example: An employer has two groups of cleaners. One group is mostly men who clean a warehouse. The other group is mostly women who clean office space. Most of the work is similar. The group who cleans the office space is paid less. This would be considered discrimination based on sex.

    Learn more about equal pay for equal work with our Employment Equity Toolkit.

What happens if I don’t meet my responsibilities?

Meeting your responsibilities under the Code helps you to build a positive and respectful workplace for all your workers. Workplaces that are free from discrimination are often more productive and successful and they help to build a strong and inclusive province.

If you don’t meet your responsibilities as an employer under the Code, you may be causing harm to workers and you may be breaking the law.

A worker (or group of workers) may make a complaint against you. The BC Human Rights Tribunal receives complaints from job applicants and workers who say they have experienced discrimination regarding their employment.

If your workplace is unionized, the union may file a grievance on behalf of the worker who says they have experienced discrimination.

Complaints usually name the employer, but may also name another person who is responsible for the discrimination, such as:

  • A person making a hiring decision
  • A person who influences a discriminatory decision
  • Another worker who harasses a co-worker
  • The workplace union if the union
    • Helps make a work rule that discriminates
    • Blocks an employer’s efforts to accommodate a worker

A worker (or group of workers) who have made a complaint would try to prove discrimination in employment. You can read more about how a worker can prove discrimination on our page about the rights of workers under the Code.

If the Tribunal agrees that you did not meet your responsibilities under the Code, it will declare that you engaged in discrimination contrary to the Code and order you to stop the discrimination and refrain from doing it or something similar ever again. It may order you to pay damages to the person you discriminated against or take steps to improve the situation like introducing policies or providing additional training.

What if I have a good reason for my decisions?

1. There is a job requirement that cannot be accommodated without undue hardship

The discrimination complaint against you will be dismissed if you can prove a bona fide occupational requirement. This means you prove each of the following:

  • There is a legitimate job-related purpose for the requirement.
  • You honestly believe the requirement is necessary for the job.
  • You explored changes to the requirement or accommodations for a worker but could not find a way to make it work.

2. Seniority Schemes

A seniority scheme provides workers with promotions, opportunities, or benefits based on the length of time they have worked at an organization.

A seniority scheme may:

  • Pay workers more the longer they have worked at an organization.
  • Let workers who have worked longer at the organization pick shifts or vacation time first.
  • Offer promotions or leadership opportunities to more senior workers first.
  • Lay off new workers before more senior workers.

While a seniority scheme usually affects younger workers, it is not considered age discrimination if it is not meaning to discriminate.

3. Criminal Conviction

You may be considering whether or not to hire a worker with a criminal charge or conviction. If the criminal charge or conviction is related to the job, you may have a good reason for your decision not to hire the worker.

Ask yourself

  1. If the worker repeated the action for which they have a criminal charge or conviction, would it make it difficult for me to continue my business safely and efficiently?
  2. How old was the worker when they were charged or convicted?
  3. How long ago was the criminal charge or conviction?
  4. Are there other factors involved that help me understand the person and events of the criminal conviction?
  5. How likely is it that the worker will repeat the same kind of action?
  6. What have they done to stay away from criminal activity after being charged or convicted?
Read an example!

4. Retirement and insurance plans

Under the Code, companies providing retirement and insurance plans may provide different options for workers depending on their sex, age, marital status and physical or mental disability. The options must be made honestly and in good faith.

Frequently asked questions

  • Probably. Even though they are not paid for their work, volunteers are often protected under the section of the Code regarding employment.

    Ask yourself

    • Does my organization have a formal process for finding and signing up volunteers?
    • Does my organization train our volunteers?
    • Are volunteers given specific tasks to do?
    • Do volunteers have to agree to follow the organizations policies and practices?
    • Are there requirements about when or how often a volunteer is available?
    • Do volunteers have an important role in the organization?

    If you answer “yes” to most of these questions, your organization’s volunteers are likely to be considered employees for the purposes of the Code. You have the same responsibilities to these volunteers as you do your employees.

  • An employment agency is responsible to ensure they do not discriminate against applicants they are helping match with jobs. If an employment agency does not refer an applicant for a job because of a part of their identity protected by the Code, this would be discrimination.

  • When workers experience harm and it is connected to a part of their identity protected by the Code, it is considered discrimination. You have responsibilities under the Code to provide a discrimination-free workplace. Sexual harassment, for example, is acknowledged by human rights law to be a form of discrimination on the basis of sex.

    Workers may also experience harm that is not connected to a part of their identity protected by the Code. In this case, the Code does not apply. However, you do have other legal responsibilities to prevent bullying and harassment. For example, WorkSafeBC requires all employers to prevent and respond to bullying and harassment in the workplace.

  • You are responsible for discrimination even if you didn’t intend to discriminate. The focus is not on your intentions but on the impact on the worker.

    Most employers are working hard to follow the law and treat workers fairly. You may be shocked or upset if a worker says they have been experiencing discrimination at work or you have discriminated against them.

    What steps you take to solve the problem or change your practices is important to meeting your responsibilities under the Code.

  • Accommodation is primarily the responsibility of the employer. However, the worker is responsible to cooperate in the accommodation process. You can read more about a worker’s role in accommodation planning on our page about the rights of workers under the Code. You might be working to explore options but find the worker is not responding to requests for information or rejects your reasonable offers of accommodation. In this situation, you may be able to defend a complaint brought by the worker by proving the worker refused to participate in the process.

    Remember, there may be reasons related to the need for accommodation that explain why the worker appears not to be cooperating. Do not be too quick to conclude the worker is not cooperating in the accommodation process.

  • Some groups have less access to jobs in B.C. because of historic and ongoing systemic barriers. For example, Indigenous peoples and people with disabilities find it harder to find and keep work because of discrimination.

    Special Programs help employers lower barriers for some groups and advance equity in BC. Find out more about Special Programs, some examples and how to apply.

Who can help?

    • Check out the workshops we have available or make a request for us to join your event.
    • The BC Human Rights Clinic offers information and training for employers, managers, human resources professionals, and small business owners.
    • The People’s Law School of BC provides online information about discrimination at work.
    • SHARP Workplaces provides Sexual Harassment Advice, Response, and Prevention information, resources and free training

    • The BC Human Rights Clinic offers information, an information line, a free 30-minute appointment with a lawyer or legal advocate and legal services for workers wishing to make a human rights complaint.
    • The BC Human Rights Tribunal website offers information, resources, and examples to help understand and navigate the process of making or responding to a complaint.
    • The Law Centre offers help understanding the Human Rights Tribunal process, preparing initial responses, mediation options, and legal representation. Applicants for this service must demonstrate financial need.
    • Consult a lawyer with experience in human rights. A lawyer can provide legal advice specific to the details of your complaint and represent you in the human rights process.
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