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As a service provider, you are responsible under B.C.’s Human Rights Code for upholding the human rights of the people who use your services.

People often understand services as stores, restaurants, theatres and hotels.

Services also include:

  • professional services, such as accountants, lawyers, dentists or massage therapists
  • education services, such as daycares, schools, colleges and universities
  • health services, such as seeing a doctor, visiting an emergency room or having surgery
  • government services, such as issuing a license or childcare benefits
  • recreational programs put on by a community centre or sports associations, including children’s athletic or cultural activities
  • transportation services, such as taxis or public transit like buses or the Skytrain
  • police, courthouse services and provincial correctional services, such as when interacting with the police or serving time in a provincial correctional facility
  • services provided by stratas

As a service provider, you are responsible for making sure your services are free from discrimination.

Watch a recording of one of our Human Rights Code educational sessions for service providers:

*This video is available in multiple languages: عربى (Arabic), 简体中文 (Chinese, simplified), 繁體中文 (Chinese, traditional), فارسی (Farsi), Français (French), हिंदी (Hindi), 한국어 (Korean), ਪੰਜਾਬੀ (Punjabi), Español (Spanish), Tagalog (Filipino)

What is discrimination?

Discrimination is when a person experiences harmful treatment or negative impact based on a part of their identity protected by the Code, such as gender identity, disability or race.

A person experiences discrimination if each of these are true:

  1. a part of their identity, such as gender identity or race, is protected by the Code
  2. they experience harm or a negative impact when using or trying to use the service
  3. the harm or negative impact they experience is connected to the part of their identity protected by the Code

Identities protected by the Code regarding services are:

Discrimination may be:

  • Direct

    for example, refusing to rent a room in your Bed & Breakfast to a same-sex couple

  • Indirect

    for example, requiring a job applicant to have a high level of written English even though that skill is not required for the position

Interpersonal and systemic discrimination

We often think of discrimination as the negative impact of harmful treatment of one person against another person. This is called interpersonal discrimination. However, sometimes laws, structures and generally accepted behaviours in our society, even when well-intentioned, can produce consistently discriminatory outcomes for whole groups of people. What appear to be neutral policies, practices and behaviours may in fact be discriminatory. This is called systemic discrimination. Interpersonal discrimination can be an expression of systemic discrimination.

Systemic discrimination is a major issue in B.C. and Canada, but it isn’t always well understood. Learn more with our systemic discrimination resources.

As a service provider, you are responsible for making sure that people can access the service that you provide free from both interpersonal and systemic discrimination.

Discrimination may be:

  • Interpersonal

    for example, refusing to serve a person because of their gender identity

  • Systemic

    for example, female students at a high school experience dress code enforcement more often than other students at the school

What are my responsibilities as a service provider under the Code?

  • You are responsible for making sure the service you provide is free from discrimination. People using or trying to use your services should not experience harm or negative impact connected to a part of their identity protected by the Code because of actions you take or rules you make, unless changing those rules or actions would cause you undue hardship, or unless you can justify your decision in a way that aligns with the law (see section below “what if I have a good reason for my decision?”)

    Ask yourself

    1. What steps have I taken to ensure that everyone who works here treats all people who are using or trying to use our service in a non-discriminatory manner?
    2. What is the impact of my service’s policies or practices on different groups of people? For example, do my policies or practices impact someone with a disability differently?
    3. What information or data could I collect to help identify discrimination in my service’s policies or practices? This might include asking people who don’t access your service, competitors, industry experts or customers who have complaints or bad reviews about your service.
    4. Am I considering different perspectives and/or impacts when I make new policies or start new practices? Who do I ask for input?
    5. How could I adjust policies or practices to create a more inclusive experience for all people using this service?

    Read an example!

  • As a service provider, you are responsible for taking steps to stop discrimination. These steps may include:

    • understanding your responsibilities as a service provider under the Code
    • making plans to review barriers to accessing your service and making plans to remove those barriers
    • having a process for responding to requests for accommodation
    • providing training to staff about their responsibilities as service providers in the Code
    • having a way for people to report complaints and an appropriate system to respond to those complaints

    Read an example!

  • As a service provider, you are responsible for accommodating people accessing and using your services to the point of undue hardship. Providing an accommodation means that you address any barrier to accessing your service someone may experience based on a part of their identity protected by the Code.

    A barrier is something that prevents a person from fully taking part in a service customarily available to the public. There are many types of barriers—some examples include physical structures and equipment or discriminatory attitudes, policies or practices.

    If you have reason to believe a person needs an accommodation or if a person accessing your service identifies a barrier, you have the 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 person is experiencing and make sure they know about accommodations.

    Some examples of people who may require an accommodation based on part of their identity protected by the Code include:

    • a child with epilepsy who requires a service dog to participate in school or in a community program
    • a hotel guest using a wheelchair who requires a ramp to access conference rooms
    • a person wearing religious dress who requires an exemption from the dress code

    Accommodations require an individualized assessment and may include things like:

    • making an exception to a policy; for example, allowing a child to take movement breaks from class or not enforcing a dress code rule for a person wearing religious dress
    • renovating a building or equipment; for example, installing a ramp so that wheelchair users can enter the restaurant and providing a table that is the correct height for wheelchair users
    • providing an alternative means of accessing or using the service; for example, providing an extension to the timeline for program completion for a graduate student with care giving responsibilities due to family status

    You are responsible for taking requests for accommodation seriously and responding promptly. This includes:

    • asking about a person’s accommodation needs if you think an accommodation might be required
    • only collecting the information that you need to understand and address the barriers the person is facing; for example, a service provider may not need to know a person’s medical diagnosis to accommodate their disability
    • keeping the person’s personal information confidential
    • obtaining expert opinion or advice when needed
    • taking the lead in exploring possible solutions and working with the person requesting accommodation to explore these solutions
    • ensuring anyone else working on the accommodation does so respectfully

    You are responsible for doing this work each time an accommodation is required. Each accommodation situation is different and needs an individual plan.

    • Different people need different kinds of accommodation, even if they experience the same type of barrier regarding your service.
    • People may need different accommodations when there are changes in the service location, process or systems.
    • A person’s accommodation needs may change over time as their health or personal circumstances change.

    You are responsible for doing this work and exploring options, even if you think you cannot provide an accommodation. The person who requires accommodation also has responsibilities during the accommodation process.

    Read an example!

What happens if I don’t meet my responsibilities?

Meeting your responsibilities under the Code helps you to build a service that doesn’t discriminate against people.

If you don’t meet your responsibilities as a service provider under the Code, you may be causing harm to people and you may be breaking the law.

A person (or a group of people) accessing or trying to access your service may make a complaint against you. The BC Human Rights Tribunal decides complaints from people who say they have experienced discrimination regarding services.

Complaints usually name the organization or company involved but they may also name a particular person who is involved in the discrimination such as:

  • a person hired by the organization or business like an employee or volunteer
  • a person who exercises authority or control over access or use of the space like a building manager or security guard
  • another person accessing the service; examples include another patient, customer, student, client or guest

What if I have a good reason for my decisions?

You may think that you have a good reason for the decisions that you have made. A discrimination complaint against you will be dismissed if you can prove a bona fide occupational requirement. This means that you must prove each of the following:

1. There is a legitimate service-related purpose for your requirement.

2. You honestly believe the requirement is necessary to your service’s purpose or goal.

If you have rules for how you provide your services, make sure that they exist for a non-discriminatory reason.

Ask yourself
  • What is the purpose of the rule?  
  • How is the rule related to my business or service?
  • Did I make the rule thinking it was reasonable and fair to everyone?
Read an example

3. Undue hardship

Accommodating a person may be simple and straightforward or it may require hard work, planning, increased flexibility and additional cost. Service providers are required to do this work to ensure they do not discriminate against people using their services.

Each situation is different and must be examined individually.

An accommodation may be considered an undue hardship if:

  • an accommodation would create health and safety risks for service providers, the person who needs the accommodation or for other people using the service
  • the financial cost of the accommodation is unaffordable for the service provider
  • there are no opportunities to accommodate the person, for example making changes to the physical space of a store to make it more accessible is impossible due to preexisting structural issues
Ask yourself
  1. Have I explored all the options to find a reasonable accommodation?
    • Have I asked the person or group of people who require accommodation for information and ideas to understand what accommodation is needed?
    • Have I searched for accommodation options used by other service providers?
    • Have I reached out to accommodation experts such as lawyers and community advocates for help?
  2. Do I know how much the required accommodation would cost rather than just assuming it would be too expensive?
  3. Have I consulted with health and safety experts to determine if there is a risk and how serious that risk might be?
  4. Can I show why further steps to provide accommodation would be unreasonable?
  5. Can I show that the accommodation would be too hard for the service provider to afford or manage?
Read an example

Exemptions

There are some situations when the Code permits service providers to make distinctions based on characteristics otherwise protected in the Code. These include:

  • life or health insurance companies may make distinctions on the basis of sex, age or physical or mental disability to determine health or life insurance premiums or benefits.
  • service providers may make age-based distinctions when providing services, when another law permits those distinctions. For example, a pub refusing to serve alcohol to a customer who is under the age of 19.
  • non-profit service providers are permitted to give preference to groups on the basis of an identity protected by the Code, if the non-profit organization’s primary purpose is to serve that group. For example, it is not a breach of the Code if a non-profit organization created to serve people with brain injuries only provides services to people with brain injuries.

Who can help?

    • the BC Human Rights Clinic offers information and training for those with responsibilities under the Code, such as service providers.

    • the BC Human Rights Tribunal website offers information, resources and examples to help understand and navigate the process of 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.

    • a lawyer with experience in human rights law. A lawyer can provide legal advice specific to the details of your complaint and represent you in the human rights process.

Frequently asked questions from service providers

  • Yes. If you or any of your employees are responsible for providing a service, then you all have responsibilities under B.C.’s Human Rights Code. You are also legally responsible for your employees’ conduct.

  • As a service provider, you are responsible for providing accommodation for people so that they can access your service. You are required to provide accommodation to the point of undue hardship and so you must be able to show that the cost poses an undue hardship. The fact that an accommodation will cost money is not in itself enough to show undue hardship. You must explore all options to provide reasonable accommodation and know the cost of those reasonable accommodations in order to show undue hardship. Service providers are required to do this work to ensure they do not discriminate against people using their services.

  • You are responsible for the discrimination even if you didn’t intend to discriminate. The focus is not on your intentions but on the impact on the person using or trying to use the service you provide.

    Most service providers work hard to follow the law and treat people fairly. You may be surprised or upset if someone says that they have experienced discrimination in accessing the service that you provide, even if you have tried to meet their needs.

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

  • If you are an employer, you are responsible under B.C.’s Human Rights Code to uphold your workers’ human rights and have a work environment that is free from discrimination. This includes addressing discrimination your employees face on the job. For more information, visit Responsibilities under the Code as an employer.

  • Yes, you can refuse to provide service to someone as long as you do not discriminate while doing so. Discrimination is when a person experiences harmful treatment or negative impact based on a part of their identity protected by the Code, such as gender identity, disability or race. So, if you refuse service to someone based on part of their identity that is protected by the Code, even if you do it unintentionally, you are discriminating against them.

    For example, you can refuse to rent skis to someone who plans to hit the trails wearing only shorts because you have a genuine concern for their safety, but you cannot require a higher ski rental deposit from someone because you believe they are not Canadian.

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