What are your workplace human rights in BC? British Columbia’s Human Rights Code protects employees from discrimination, requires employers to consider reasonable accommodation and prohibits retaliation connected to human rights complaints.

These protections apply to hiring, working conditions, promotions, compensation and dismissal. If your employer violates your human rights, you may be entitled to compensation or other legal remedies.

⚠️ Your workplace rights are protected by law. An employer can’t simply ignore a protected accommodation need, discriminate against you because of a personal characteristic or punish you for exercising rights protected by the BC Human Rights Code.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

On This Page

What Is the BC Human Rights Code?

The BC Human Rights Code is provincial legislation that protects people from discrimination in employment and other areas of public life.

In the workplace, the Code protects employees and job applicants from negative treatment connected to certain personal characteristics.

The law also places responsibilities on employers, including taking reasonable steps to accommodate employees with protected needs.

These human rights protections are separate from the minimum employment standards governing wages, hours of work, vacation and statutory leave.

An employer can comply with BC’s Employment Standards Act and still violate the Human Rights Code.

For an overview of employment protections, visit our BC Employment Law guide.

What Human Rights Are Protected in BC Workplaces?

The BC Human Rights Code prohibits employment discrimination based on protected personal characteristics, including:

  • Indigenous identity.
  • Race, colour, ancestry or place of origin.
  • Religion or political belief.
  • Physical or mental disability.
  • Sex, including pregnancy.
  • Sexual orientation.
  • Gender identity or expression.
  • Age.
  • Marital or family status.
  • Criminal or summary conviction, subject to applicable exceptions.

These protections can apply even when an employer incorrectly believes an employee has a particular protected characteristic.

Do human rights protections apply during probation?

Yes. Employers can’t discriminate against employees because of protected characteristics simply because they’re on a probation period in BC or have only recently started work.

Human rights protections also apply to hiring decisions and employment advertisements, not just existing employees.

What Are an Employer’s Human Rights Obligations in BC?

BC employers must avoid unlawful discrimination and take reasonable steps to address protected needs in the workplace.

This can include:

  • Making hiring, promotion and dismissal decisions without unlawful discrimination.
  • Considering reasonable accommodation for disabilities, religion and qualifying family responsibilities.
  • Addressing discriminatory harassment in the workplace.
  • Avoiding policies that unjustifiably disadvantage employees because of protected characteristics.
  • Protecting employees from retaliation connected to human rights complaints.
  • Considering whether accommodation is necessary before discipline or dismissal in appropriate circumstances.

Employers may have valid legal defences for certain workplace requirements, including requirements that are genuinely necessary for the job and can’t reasonably be accommodated without undue hardship.

Human rights law doesn’t prevent employers from managing employees or enforcing legitimate workplace requirements. It limits decisions that unlawfully disadvantage people because of protected characteristics.

What Is an Employer’s Duty to Accommodate in BC?

The duty to accommodate requires employers to make reasonable adjustments for employees with protected needs, up to the point of undue hardship.

Accommodation may be required for medical conditions, disabilities, pregnancy-related needs, religious practices and certain family responsibilities.

Examples include:

  • Modified duties for an employee recovering from an injury.
  • Flexible working hours to accommodate disability-related restrictions.
  • Medical leave for a serious health condition.
  • Adjusted schedules for religious observance.
  • Changes to workplace equipment or physical accessibility.

An employer doesn’t always have to provide the employee’s preferred accommodation. It must consider reasonable options that meet the protected need without imposing undue hardship.

Employees are also expected to cooperate in the accommodation process and provide reasonably necessary information.

Read our dedicated Duty to Accommodate BC guide for a more detailed explanation.

What if your employer suspects you need accommodation?

In some situations, an employer must make reasonable inquiries when it knows, or should reasonably know, that an employee’s difficulties may be connected to a protected characteristic.

This is known as the duty to inquire in BC.

What Is Workplace Discrimination Under BC Human Rights Law?

Workplace discrimination occurs when an employee experiences a negative employment consequence connected to a protected personal characteristic, without a valid legal justification.

For example, an employer may violate human rights law by:

  • Firing an employee because of a disability.
  • Refusing to hire someone because of their race.
  • Denying a promotion because an employee is pregnant.
  • Refusing reasonable religious accommodation.
  • Disciplining an employee more harshly because of a protected characteristic.

However, not every unfair workplace decision is discrimination. There must be a connection between the negative treatment and a characteristic protected by law.

For detailed examples, evidence requirements and the difference between unfair treatment and discrimination, see our Workplace Discrimination BC guide.

Workplace Harassment and Human Rights in BC

Harassment can violate BC human rights law when it is connected to a protected characteristic and negatively affects an employee’s work environment or employment.

Examples may include repeated racist comments, sexual harassment, religious slurs or mistreatment because of a disability.

Employers may be required to take reasonable steps to investigate and address discriminatory harassment.

Workplace bullying that isn’t connected to a protected characteristic may still raise occupational health and safety or employment law concerns, even if it isn’t a human rights violation.

Can your employer retaliate against you for reporting discrimination?

No. The BC Human Rights Code prohibits retaliation connected to making, potentially making, supporting or participating in a human rights complaint or inquiry.

Retaliation can include dismissal, discipline, threats, intimidation or denying employment opportunities because of protected complaint-related activity.

Not every negative decision made after a complaint is automatically retaliation. The circumstances must support a connection to the protected activity.

⚠️ Punished for speaking up? If your employer fires, disciplines or threatens you because you made or may make a human rights complaint, you may have a separate retaliation claim.

Can You Be Fired in Violation of Your Human Rights in BC?

An employer can’t lawfully terminate you because of a protected personal characteristic, such as disability, pregnancy, race or religion.

However, employers can still end employment for legitimate reasons unrelated to protected characteristics, subject to employment standards and contractual obligations.

A termination may raise human rights concerns when:

  • You’re fired after requesting disability accommodation.
  • Your employer terminates you because of pregnancy or maternity leave.
  • You’re dismissed for disability-related conduct without appropriate inquiry or accommodation.
  • Your employer fires you because you made or threatened to make a human rights complaint.

If you’re fired without cause, you may also have severance rights. In appropriate cases, full BC severance pay can reach up to 24 months’ pay, depending on your circumstances and employment agreement.

Wrongful dismissal and human rights claims involve different legal issues. You may have rights under both, although the same losses can’t be recovered twice.

Before accepting a termination offer, have your severance package reviewed.

How Do You File a Human Rights Complaint in BC?

Employees who believe their human rights have been violated can file a complaint with the BC Human Rights Tribunal.

A complaint must identify the conduct, the protected characteristic involved and the facts connecting the two.

The process may involve:

  1. Preparing your complaint: Explain the events and identify the relevant protected grounds.
  2. Submitting the complaint: File the required information with the Tribunal.
  3. Review and response: The Tribunal considers whether the complaint can proceed and may request additional information.
  4. Resolution: The parties may participate in mediation or other steps to resolve the dispute.
  5. Hearing: If the complaint proceeds to a hearing, the Tribunal may decide whether discrimination occurred and what remedies are appropriate.

How long do you have to file a human rights complaint in BC?

The usual deadline is one year from the alleged discrimination or retaliation.

Different considerations apply to continuing discrimination, and the Tribunal may accept certain late complaints where legal requirements are met.

Don’t assume discussions with your employer extend the complaint deadline.

For official information, visit the BC Human Rights Tribunal’s complaint process.

What Compensation Is Available for Human Rights Violations in BC?

If an employer violates your human rights, the BC Human Rights Tribunal may award compensation or order other remedies.

Depending on the circumstances, remedies may include:

  • Lost wages and benefits: Compensation for income lost because of discrimination.
  • Injury to dignity: Compensation for the personal impact of discriminatory treatment.
  • Reinstatement: Returning an employee to work where appropriate.
  • Corrective orders: Requiring an employer to stop or address discriminatory conduct.

There is no automatic fixed payment for a human rights violation. Compensation depends on what happened, the evidence and the resulting harm.

Employees who were also wrongfully dismissed may have additional employment law entitlements.

💡 Human rights compensation is different from severance pay. Human rights remedies address unlawful discrimination or retaliation. Severance compensates eligible employees for the termination of their employment.

Frequently Asked Questions About Workplace Human Rights in BC

What law protects employees’ human rights in BC?

The BC Human Rights Code protects employees and job applicants from discrimination based on specified personal characteristics. It also establishes protections against retaliation connected to human rights complaints.

Does the BC Human Rights Code apply to private employers?

Yes. The Code applies to provincially regulated private and public employment in BC. Federally regulated workplaces are subject to the federal human rights framework.

What is an employer’s duty to accommodate?

Employers must consider reasonable workplace adjustments for employees with protected needs, up to undue hardship. The appropriate accommodation depends on the individual circumstances.

Is workplace bullying a human rights violation?

Not automatically. Bullying or harassment may violate human rights law when connected to a protected characteristic. Other workplace bullying may fall under different legal protections.

Can you be fired after making a human rights complaint?

An employer can’t dismiss you because of protected complaint-related activity. However, not every termination following a complaint is retaliation. The reason for dismissal matters.

Can you receive compensation for workplace human rights violations?

Yes. Depending on the case, compensation may include lost wages, injury to dignity and other remedies awarded by the BC Human Rights Tribunal.

How long do you have to file a BC human rights complaint?

The usual deadline is one year from the alleged discrimination or retaliation. Special rules may apply to continuing conduct and certain late complaints.

Do you need a lawyer to file a BC human rights complaint?

No. You can file a complaint without a lawyer. However, legal advice can help you assess your claim, understand deadlines and determine which remedies may be available.

Get Legal Help With Workplace Human Rights in BC

If your employer has discriminated against you, ignored a protected accommodation need, retaliated against you or fired you because of a protected characteristic, you may have grounds for legal action.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia understand their rights involving workplace human rights, accommodation, discrimination and wrongful dismissal.

Our team can review your circumstances, explain whether your employer violated your rights and get you the compensation you’re owed. We reduce the stress and make the process much easier.

For local legal assistance, contact our Vancouver human rights lawyers or Victoria human rights lawyers.

You can also learn more about your rights under BC employment law.

⚠️ Unionized employees: Workplace human rights and dismissal disputes are often addressed through your union and the grievance process. Our employment law team assists non-unionized employees only.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now