Workplace discrimination in British Columbia: Employee rights

Definition of workplace discrimination in British Columbia

In British Columbia, if you’re treated unfairly at work due to personal attributes—such as your age, race, gender identity, or any other characteristic protected by law—that’s considered workplace discrimination. This behavior is strictly prohibited under the British Columbia Human Rights Code, which mandates that employees must be evaluated and treated based solely on their job performance and qualifications, rather than any personal characteristics unrelated to their work capabilities.

Discrimination can show up in many ways. It might be very clear, like being passed over for a job or promotion you’re a good fit for, just because of where you come from or how you look. Or, it could be more hidden, like consistently not being considered for training that could advance your career, again for reasons that aren’t fair.

Remember, it doesn’t matter if it’s your boss, a coworker, or even a customer who treats you unfairly. It’s still discrimination. Everyone deserves respect and equal chances in their workplace.

Watch the video below from the Employment Law Show and read on to learn more about discrimination and violations in the workplace, and your rights as a provincially regulated, non-unionized employee in British Columbia.

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Workplace discrimination laws in British Columbia

In B.C., the cornerstone of legislation governing workplace discrimination is the British Columbia Human Rights Code (the Code). This law is crafted to shield provincially regulated, non-unionized employees from unfair treatment in the workplace due to a variety of protected characteristics. It underscores the principle that all individuals should receive equal treatment and opportunities in employment, free from discrimination.

B.C. Human Rights Code

The Code is pivotal in protecting individuals from discrimination in the workplace, encompassing a wide range of protected grounds, including but not limited to:

Employers in British Columbia are required to create a workplace environment that is free of discrimination. This includes the development and enforcement of policies and practices aimed at ensuring equitable treatment for all employees in various employment aspects, such as hiring, training, promotions, and terminations, irrespective of the protected characteristics.

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Employers are obligated to actively prevent and respond to discrimination within the workplace. This duty involves setting up clear procedures for the reporting and investigation of discrimination complaints, along with taking appropriate measures to rectify and prevent discrimination from occurring in the future.

By adhering to the tenets of the British Columbia Human Rights Code, both employers and employees play a role in fostering a more inclusive, respectful, and equitable workplace environment. This legal framework is instrumental in ensuring the protection of every individual’s rights, thereby promoting a positive and productive work environment for everyone.

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Examples of workplace discrimination in B.C.

Workplace discrimination in B.C. can take various forms, impacting people in diverse sectors and roles. Recognizing these examples is crucial in identifying and combating discrimination:

• Hiring discrimination: Not hiring candidates because of characteristics like age, gender, race, religion, sexual orientation, disability, or political beliefs, rather than assessing them on their skills and experience.
• Pay and compensation discrimination: Offering different wages, benefits, or other forms of compensation to employees doing the same job, based on personal attributes unrelated to job performance.
• Promotion and advancement discrimination: Ignoring qualified employees for promotions or career development chances due to factors such as gender, race, age, or political beliefs, rather than merit.
• Job assignment discrimination: Assigning employees to less desirable tasks or roles based on their personal characteristics, perceived capabilities, or beliefs.
• Termination discrimination: Firing or laying off employees based on protected characteristics, rather than performance issues or economic reasons.
• Religious discrimination: Not accommodating an employee’s religious practices when such accommodations are reasonable and do not impose undue hardship.
• Disability discrimination: Failing to provide reasonable accommodations for employees with disabilities, hindering their job performance.
• Parental or family status discrimination: Negatively treating employees due to their parenting responsibilities or family status, such as denying flexible working arrangements for childcare.
• Age discrimination: Showing bias against employees based on age in hiring, promotions, assignments, and terminations.
• Sexual orientation and gender identity discrimination: Treating employees unfairly based on their sexual orientation, gender identity, or expression.
• Political belief discrimination: Adverse treatment of employees because of their political beliefs, including exclusion from workplace activities, biased decision-making in employment matters, or derogatory comments related to their political views.
• Retaliation: Penalizing employees for asserting their rights, filing a discrimination complaint, or participating in an investigation.

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What is NOT considered workplace discrimination?

With the goal of creating respectful and inclusive workplaces in B.C., it’s important to distinguish between actions that constitute discrimination under the British Columbia Human Rights Code and those that do not fall under the legal definition of workplace discrimination. Here’s a clarification on what generally is NOT considered workplace discrimination:

• Merit-based decisions: EEmployment decisions grounded in qualifications, skills, performance, and experience, such as hiring, promotions, and terminations, are not discriminatory when they are applied fairly and impartially, without prejudice towards protected characteristics.
• Legitimate business policies and practices: Policies, procedures, and workplace rules that are uniformly applied to all employees, necessary for the safe and efficient operation of the business, are not considered discriminatory, provided they don’t disproportionately impact specific groups or fail to accommodate to the point of undue hardship.
• Constructive feedback and performance management: Offering employees honest, constructive feedback on their work performance or behaviour is a crucial element of managing a workplace, not a form of discrimination. This includes performance evaluations or disciplinary actions for valid workplace concerns.
• Workplace conflicts and differences: Normal disagreements or conflicts that emerge in the workplace are not seen as discrimination. It’s natural for people to occasionally have differing viewpoints or decisions, as long as these instances are managed professionally.
• Voluntary social interactions: Mutual and consensual social interactions or friendships that occur in the workplace, which are welcomed by all parties involved, do not constitute discrimination.
• Workload and scheduling decisions: The distribution of duties, scheduling, workload management, and related managerial decisions are not discriminatory when they are based on the operational needs of the business and are conducted fairly among all employees.

Understanding the distinction between challenging workplace scenarios and actual discriminatory practices is key to ensuring that resources and attention are directed where they are most needed. This promotes fairness and inclusivity in B.C.’s workplaces.

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Who experiences discrimination in the workplace?

Discrimination in the workplace can impact anyone in British Columbia, regardless of their position or role within an organization. Those who may experience workplace discrimination include:

• Employees at all levels
• Supervisors and managers
• Job applicants
• Contractors and temporary workers
• Clients and customers

Discrimination is not only about the direct victims. Those who witness discriminatory behaviour in the workplace may also suffer its consequences, contributing to an overall environment that feels unwelcoming, hostile, or intimidating for everyone involved.

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Effects of workplace discrimination

Discrimination in the workplace in B.C. extends far beyond the immediate moments of unfair treatment, leading to significant consequences for both individuals and businesses. The strain caused by discrimination can develop in various physical and psychological ways:

• Stress
• Mental health issues, such as depression and anxiety
• Difficulty concentrating
• Impaired job performance or drop in productivity
• Impact on family and social life
• Legal and financial consequences for employers
• Lowered self-esteem
• Increased absenteeism
• Trouble sleeping
• Loss of appetite
• Digestive problems
• Headaches or migraines
• Alcohol or drug abuse

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How to respond to workplace discrimination in B.C.

Addressing workplace discrimination is a pivotal step in safeguarding your rights and well-being. For non-unionized employees in British Columbia, understanding the appropriate actions to take is essential:

• Identify discrimination: Recognize that workplace discrimination in B.C. can manifest in various ways, including unequal treatment in hiring, compensation, job assignments, promotions, training opportunities, and dismissals based on protected characteristics such as age, race, sex, disability, political belief, and more, as outlined by the B.C. Human Rights Code.
• Document incidents: Keep a detailed record of all instances of discrimination, noting the date, time, location, individuals involved, and any witnesses. Preserve emails, messages, or any other communications that could serve as evidence.
• Understand workplace policies: Familiarize yourself with your employer’s policies on discrimination and equal opportunity, often available in the employee handbook or company intranet. These documents detail your employer’s procedures for addressing discrimination complaints.
• Report discrimination: Follow your company’s procedures to report discrimination. This might involve speaking to your supervisor, human resources, or another designated company official.
• Take care of yourself: Seek support from mental health professionals or employee assistance programs to manage the emotional toll of discrimination.
• Know your legal rights: Learn about the protections offered under the British Columbia Human Rights Code. The B.C. Human Rights Tribunal provides resources and guidance for individuals experiencing discrimination and can assist in understanding your rights and potential actions.
• Contact the B.C. Human Rights Tribunal: If the discrimination pertains to protected grounds and internal resolution efforts have not been successful, consider filing a complaint with the Tribunal. Complaints must generally be filed within one year from the alleged incident.
• Consult an Employment Lawyer: For ongoing or severe cases of workplace discrimination, consulting with an employment lawyer at Samfiru Tumarkin LLP before filing a claim is a critical step. Our knowledgeable lawyers can provide advice tailored to your situation, helping you navigate the best course of action and ensuring you are fully aware of your rights and options in B.C.

No one should have to navigate this process alone. Taking informed steps can help you advocate for a fair and respectful work environment in B.C.

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How can I prove workplace discrimination?

Proving discrimination in the workplace in B.C. can be challenging, but with the right approach, it is possible to build a compelling case. Here are the steps you can take:

• Keep a detailed log of discriminatory incidents: Document every instance of discrimination, noting the date, time, location, what was said or done, and the names of any witnesses. This log can help establish a pattern of discriminatory behaviour.
• Collect all relevant documentation: Save any emails, memos, text messages, or other communications that might indicate discriminatory motives. Pay stubs, job postings, performance reviews, and any other employment records that reflect differential treatment are also important.
• Document performance and contributions: Keep records of your work performance, including evaluations, commendations, and any productivity metrics. This information can counter any claims that employment decisions were based solely on performance rather than discriminatory reasons.
• Record efforts to address the issue internally: Keep a record of any reports or complaints you’ve made to HR or management about the discrimination, including dates and the outcomes of those reports. This shows that you gave the employer an opportunity to address the issue.
• Understand and compile policy documents: Gather copies of your employer’s anti-discrimination, equal opportunity, and complaint procedure policies. These documents can support your case by showing that the employer was aware of the need to prevent discrimination.
• Seek witnesses: If coworkers or others are willing to support your claims, their testimonies can be powerful evidence. They can provide third-party accounts of your experiences or similar experiences of their own.
• Consult with an Employment Lawyer: An experienced lawyer at Samfiru Tumarkin LLP can provide guidance on collecting evidence and assess the strength of your case. They can advise you on the next steps, whether it’s filing a complaint with the Tribunal or pursuing other legal actions.

By following these steps, you can strengthen your case and safeguard your rights in the workplace.

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Employer obligations for B.C. workplace discrimination

In British Columbia, employers are required to meet specific legal obligations to prevent and address workplace discrimination. These obligations are crucial for fostering a work environment that is inclusive, equitable, and free from discrimination. Here are the primary responsibilities that B.C. employers need to fulfill:

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Constructive dismissal and discrimination at work

Facing discrimination at work isn’t just a personal challenge; it’s a legal issue that can significantly impact your career and well-being. In B.C., if workplace discrimination reaches a point where you feel forced to leave your job, it may constitute what’s known as “constructive dismissal.“ This concept is crucial for employees to understand, as it offers a pathway to seek recourse and compensation under employment law.

What is constructive dismissal?

Constructive dismissal in B.C. occurs when an employer makes a significant change to the terms of your employment without your consent or if your workplace becomes intolerable due to discrimination, harassment or other negative behaviours. This doesn’t mean you’ve been formally fired. Instead, the actions or inactions of your employer push you to resign. It’s as if you’ve been dismissed or terminated without cause because staying becomes unbearable.

Workplace discrimination that escalates to a constructive dismissal situation can include:

• Systematic or persistent inequality
• Unresolved discrimination
• Hostile work environment
• Retaliatory actions

Your rights and next steps

Before you resign due to these circumstances, it’s vital to know that you might have the right to seek compensation as though you were wrongfully dismissed. Here’s what you should consider:

• Documentation: Keep detailed records of the discriminatory incidents, including dates, times, and witnesses. This information will be crucial for your case.
• Company Policies: Review your employer’s discrimination and complaint policies. Following the outlined steps can be important, even if you end up resigning due to unresolved issues.
• Legal Advice: Before making any decisions, consult with an employment lawyer at Samfiru Tumarkin LLP. We can guide you through the complexities of proving constructive dismissal and help you understand your rights, including full severance pay.

At Samfiru Tumarkin LLP, we specialize in employment law and have extensive experience assisting employees who’ve faced discrimination and constructive dismissal. If you believe you’ve been forced out of your job due to unacceptable workplace conditions, contact us. Our team can assess your situation, guide you on how to proceed, and represent you in seeking the compensation you deserve.

Remember, no one should have to endure discrimination in the workplace. Understanding your rights is the first step toward resolving the situation and moving forward.

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Can I be fired for reporting workplace discrimination in B.C.?

No. In B.C., it is illegal for an employer to terminate an employee, with or without cause, for reporting workplace discrimination. Such inappropriate responses by an employer, known as reprisals or retaliation, are prohibited. Employers are also forbidden from demoting, suspending, cutting pay, or making any adverse changes to an employee’s job conditions in response to employees exercising their workplace rights. These actions are considered violations of human rights.

If you have been fired for addressing discrimination in the workplace, you may have grounds for a wrongful dismissal claim and should contact our B.C. employment law team immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating severance

Calculating a severance package in B.C. involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In B.C., your severance package can be as much as 24 months’ pay.

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B.C. workplace discrimination lawyers: How we can help

Samfiru Tumarkin LLP’s team of B.C. workplace discrimination lawyers offers expert guidance on your rights and options if you’ve experienced discrimination at work. We assist non-unionized employees in determining if they have been victims of discrimination or harassment, advising on how to respond, and assessing if they have been constructively dismissed. Consulting with a lawyer at our respected firm ensures your rights are protected and that you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace discrimination cases in British Columbia. Recognized as a highly regarded and extensively reviewed law firm, we deliver successful outcomes for employees facing these challenges. Partnering with us guarantees steadfast legal support, focused on securing your rightful severance and ensuring justice in the workplace.

Comprehensive employment law services for B.C. employees

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

If you are a non-unionized employee in B.C. (or Alberta and Ontario) who needs help with a human rights issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.