What is workplace discrimination in BC? Workplace discrimination occurs when an employer treats an employee unfairly because of a personal characteristic protected under British Columbia’s Human Rights Code. This includes discrimination based on disability, race, age, sex, pregnancy, religion, family status and other protected grounds.

Discrimination can affect hiring, pay, promotions, working conditions and termination. If you’re experiencing discrimination at work, you may be entitled to compensation or other remedies under BC human rights law.

⚠️ Facing discrimination at work? Your employer can’t punish, dismiss or disadvantage you because of a protected personal characteristic. You may have grounds for a human rights complaint, a wrongful dismissal claim or both.

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

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What Is Workplace Discrimination in BC?

Workplace discrimination occurs when an employee experiences a negative employment consequence connected to a characteristic protected under the BC Human Rights Code.

Discrimination can occur even when an employer doesn’t intend to discriminate.

To establish workplace discrimination, an employee must show:

  1. A protected characteristic: Such as disability, age, race, sex or religion.
  2. A negative employment consequence: Such as discipline, reduced hours, denied promotion or dismissal.
  3. A connection: The protected characteristic was at least a factor in the negative treatment.

The protected characteristic doesn’t have to be the only reason for the employer’s decision. However, the employer may have a legal defence depending on the circumstances.

The BC Human Rights Tribunal provides guidance on these legal requirements.

What Types of Workplace Discrimination Are Illegal in BC?

BC’s Human Rights Code protects employees against discrimination based on the following personal characteristics:

  • 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 legal exceptions.

These protections apply to various aspects of employment, including recruitment, workplace policies, compensation, promotions, discipline and dismissal.

Examples of Workplace Discrimination in BC

Discrimination isn’t limited to openly offensive comments. It can also occur through workplace decisions, policies or practices that negatively affect employees because of protected characteristics.

Disability Discrimination

An employee develops a medical condition and requests modified duties. Instead of considering reasonable accommodation, the employer reduces their hours or terminates their employment because of their restrictions.

Employers have a legal duty to accommodate employees in BC up to the point of undue hardship.

Pregnancy and Sex Discrimination

An employee announces her pregnancy and is denied a promotion or dismissed because the employer expects her to take maternity leave.

Pregnancy-related decisions may violate human rights protections. Learn more about being fired while pregnant.

Age Discrimination

A qualified older employee is passed over for promotion because management assumes younger workers are more productive or better suited to the role.

Race or Religious Discrimination

An employee is repeatedly denied opportunities because of their race, or an employer refuses to consider reasonable adjustments to a schedule connected to an employee’s religious observance.

Family Status Discrimination

An employer imposes a work requirement that negatively affects an employee because of qualifying family responsibilities and refuses to consider whether accommodation is required.

Discriminatory Harassment

An employee is subjected to repeated racial slurs, sexual comments or other harassment based on a protected characteristic that negatively affects their employment.

An employer may have a responsibility to take reasonable steps to address discriminatory harassment in the workplace.

Is Unfair Treatment at Work Considered Discrimination in BC?

Not every instance of unfair treatment is illegal discrimination. Under BC human rights law, the unfair treatment must be connected to a protected personal characteristic.

Examples of unfair treatment that aren’t automatically discrimination include:

  • A manager being rude or difficult.
  • Being denied a promotion for legitimate performance reasons.
  • An employer changing work schedules for valid business reasons.
  • Personality conflicts with coworkers.
  • Receiving criticism or discipline unrelated to a protected characteristic.

However, the same conduct may become discriminatory if it’s connected to an employee’s disability, race, age, pregnancy, religion or another protected characteristic.

Even when conduct isn’t discrimination, serious workplace mistreatment may raise other legal issues, including constructive dismissal in BC.

💡 The key distinction: Unfair treatment isn’t automatically discrimination. The question is whether a protected personal characteristic contributed to the negative treatment.

How Do You Prove Workplace Discrimination in BC?

You don’t need a written admission from your employer to prove workplace discrimination. A discrimination claim can be supported by documents, witness accounts, workplace decisions and the circumstances surrounding what happened.

Helpful evidence may include:

  • Emails or messages containing discriminatory comments.
  • Performance reviews and disciplinary records.
  • Evidence that employees were treated differently in comparable circumstances.
  • Medical accommodation requests and employer responses.
  • Witness accounts of discriminatory conduct.
  • The timing of a termination, demotion or other negative decision.

For example, an employee dismissed shortly after disclosing a disability may have evidence supporting a discrimination claim, especially if the employer previously expressed concerns about the employee’s medical restrictions.

However, timing alone doesn’t prove discrimination. The facts must support a connection between the protected characteristic and the negative treatment.

What if your employer says it didn’t know about your disability?

Employees are normally expected to communicate accommodation needs. However, an employer may sometimes be required to investigate when there are reasonable signs that a disability is affecting an employee’s performance or behaviour.

Read our guide to the duty to inquire in BC.

Can You Be Fired Because of Workplace Discrimination in BC?

An employer can’t lawfully dismiss you because of a characteristic protected under the BC Human Rights Code.

This includes dismissal connected to disability, pregnancy, race, age, religion or other protected grounds.

A discriminatory termination may give rise to a human rights complaint, wrongful dismissal claim or both.

However, employers can terminate employment for legitimate reasons unrelated to discrimination, subject to their legal obligations.

Can you receive severance if you’re fired because of discrimination?

Yes. You may be entitled to severance pay as well as remedies for workplace discrimination.

In appropriate wrongful dismissal cases, full severance pay in BC can reach up to 24 months’ pay, depending on factors including your age, position, length of service, employment agreement and availability of comparable work.

Human rights compensation is a separate issue. Your rights depend on the circumstances and applicable law.

If you’ve been dismissed, have your severance package reviewed before signing a release.

What Compensation Can You Receive for Workplace Discrimination in BC?

Employees who experience unlawful discrimination may be entitled to compensation and other remedies through the BC Human Rights Tribunal.

Depending on the circumstances, remedies may include:

  • Lost income: Compensation for wages or employment benefits lost because of discrimination.
  • Injury to dignity: Compensation for the emotional and personal impact of discriminatory treatment.
  • Reinstatement: An order returning an employee to work in appropriate cases.
  • Other corrective remedies: Measures to address the discriminatory practice or prevent it from continuing.

There isn’t a fixed amount awarded for every discrimination complaint. Compensation depends on the evidence, the seriousness of the conduct and its impact.

If you were also wrongfully dismissed, additional employment law remedies may be available. However, employees can’t recover the same loss twice.

How Do You File a Workplace Discrimination Complaint in BC?

Employees can bring workplace discrimination complaints to the BC Human Rights Tribunal.

The process includes:

  1. Identifying the discrimination: Explain what happened and which protected characteristic was involved.
  2. Gathering evidence: Collect relevant documents, messages and witness information.
  3. Filing the complaint: Submit the required information to the Tribunal.
  4. Participating in the process: The matter may involve responses, mediation, applications or a hearing.
  5. Seeking appropriate remedies: Depending on the outcome, compensation or corrective orders may be available.

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

The usual deadline is one year from the alleged discrimination.

Special rules may apply to continuing discrimination, and the Tribunal can accept some late complaints where the legal requirements are met.

Don’t assume that negotiating with your employer or pursuing another claim extends the deadline.

⚠️ Don’t miss your deadline. Most BC human rights complaints must be filed within one year. If you’ve been discriminated against or dismissed, get legal advice promptly.

What Should You Do if You’re Experiencing Discrimination at Work?

If you believe your employer is discriminating against you, take these steps:

  1. Document what happened: Record dates, comments, decisions and the people involved.
  2. Save relevant evidence: Keep employment agreements, performance reviews, emails and messages you can lawfully retain.
  3. Review workplace policies: Check your employer’s discrimination and complaint procedures.
  4. Consider raising the issue: Where appropriate, report the concern through the employer’s established process.
  5. Get legal advice: Determine whether the conduct amounts to discrimination and what remedies are available.

If your employer has fired you, reduced your compensation or made major changes to your job, speak with an employment lawyer before resigning, accepting a severance offer or signing a release.

Workplace Discrimination BC: Frequently Asked Questions

What qualifies as workplace discrimination in BC?

Workplace discrimination occurs when an employee experiences a negative employment consequence connected to a characteristic protected under the BC Human Rights Code, such as disability, race, age, sex or religion, and the conduct is not legally justified.

Is unfair treatment at work illegal in BC?

Not automatically. Unfair treatment is discrimination under human rights law when it is connected to a protected characteristic. Other serious workplace mistreatment may raise separate employment law issues.

Can you sue your employer for discrimination in BC?

You may be able to bring a complaint to the BC Human Rights Tribunal. If your employment ended, you may also have a separate wrongful dismissal claim or other legal remedies.

Can you be fired for reporting workplace discrimination?

Employers can’t retaliate against employees for making or assisting with a human rights complaint in circumstances protected by the BC Human Rights Code. A dismissal following a complaint should be carefully reviewed.

Can workplace discrimination happen without discriminatory intent?

Yes. A workplace rule or decision can be discriminatory even if the employer didn’t intend to discriminate, when it has an unjustified negative effect connected to a protected characteristic.

How do you prove discrimination without witnesses?

Emails, workplace records, performance reviews, changes in treatment and the timing of employment decisions may help establish discrimination. Direct witnesses or explicit discriminatory statements aren’t always required.

How much compensation can you receive for workplace discrimination?

Compensation depends on the circumstances. The Tribunal may award lost income, compensation for injury to dignity and other remedies. There is no automatic fixed payout.

How long do you have to report workplace discrimination in BC?

The usual deadline for a BC Human Rights Tribunal complaint is one year from the alleged discrimination. Special rules may apply to continuing discrimination or accepted late complaints.

Get Legal Help With Workplace Discrimination in BC

If you’ve been discriminated against, denied accommodation, disciplined unfairly because of a protected characteristic or fired for a discriminatory reason, you may have grounds to pursue compensation.

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

Our team can review your circumstances, determine whether your employer violated your rights and explain the compensation or legal remedies that may be available.

For local legal assistance, speak with 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 discrimination and dismissal disputes are often addressed through your union and the grievance process. Our employment law team assists non-unionized employees only.

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