Workplace Human Rights in B.C.

What are my human rights as an employee in B.C.?

In British Columbia, employees have the right to fair treatment and equal opportunities in the workplace, free from discrimination and harassment. This includes protection based on race, gender, disability, age, sexual orientation, and other grounds under the B.C. Human Rights Code. Employees are entitled to a safe and respectful work environment where their dignity and rights are upheld.

Workplace human rights violations occur in B.C. when an individual is subjected to unfair treatment or discrimination based on these protected grounds.

Watch the video below from the Employment Law Show and read on to learn more about dismissal for cause and your rights in the province.

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What are examples of human rights violations at work?

Examples of workplace human rights violations in British Columbia include:

• Discrimination: Making employment decisions based on race, gender, age, disability, or other protected characteristics, such as refusing to hire someone because of their ethnic background.
• Harassment: Subjecting employees to unwelcome comments, jokes, or actions that are offensive or demeaning, such as sexual harassment or racial slurs.
• Retaliation: Punishing an employee in B.C. for complaining about discrimination or harassment, such as demoting or firing them for filing a human rights complaint.
• Failure to accommodate: Not providing reasonable accommodations for employees with disabilities, religious practices, or family responsibilities, such as refusing to adjust work hours for an employee with caregiving duties.
• Creating a hostile work environment: Allowing a workplace culture where discriminatory or harassing behaviour is tolerated, making it difficult for employees to perform their job or feel safe at work.

Employers have a duty to ensure a workplace free from discrimination and harassment. Employees should document any incidents and talk to Samfiru Tumarkin LLP if you believe you are experiencing discrimination.

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What is the B.C. Human Rights Code?

The B.C. Human Rights Code (The Code) is a provincial law that provides protection against discrimination and harassment in various areas, including the workplace.

It sets out the rights and responsibilities of individuals and organizations to ensure that everyone is treated with respect and dignity. The Code prohibits discrimination on various grounds, such as race, gender, age, sexual orientation, disability, and more, ensuring equal treatment for all workers in British Columbia.

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What to do if you experience a human rights violation at work

If you experience a human rights violation at work in B.C., it’s important to take action. Here are some key steps to take:

1. Start by documenting the incidents, including dates, times, and details of what occurred.
2. Contact an employment lawyer at Samfiru Tumarkin LLP to understand your rights and options.
3. Consider reporting the harassment to your supervisor, human resources department, or a designated person in your workplace. It may be appropriate to give your employer the opportunity to deal with the problem.
4. If the issue is not resolved, you can file a complaint with the BC Human Rights Tribunal (BCHRT).

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How can I prove that my human rights have been violated?

Proving that your workplace human rights in B.C. have been violated involves several key steps:

• Document everything: Keep detailed records of any incidents that you believe constitute a violation, including dates, times, locations, and the names of any witnesses. Documentation can include emails, text messages, and notes from conversations.
• Report the violation: Tell your employer or the relevant authority within your company about the violation, following any internal procedures for reporting discrimination or harassment. This not only formalizes your complaint but also provides an official record.
• Call an employment lawyer: Consulting with a lawyer at Samfiru Tumarkin LLP who specializes in human rights law can provide you with guidance on the legal aspects of your case and help in gathering the necessary evidence.

This evidence will be crucial in building a strong case if you decide to file a complaint or take legal action.

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How to file a human rights complaint in B.C.

If you believe your workplace human rights have been violated in B.C., you can file a complaint with the BC Human Rights Tribunal (BCHRT). Here is the process:

• Identify the issue: Make sure it’s related to discrimination or harassment covered by the B.C. Human Rights Code. We recommend you speak to an employment and human rights lawyer at Samfiru Tumarkin LLP to determine if your rights have been violated, and how we can handle your matter to get proper compensation.
• Document everything: Keep detailed records of the incidents, including dates, times, and any evidence.
• Submit a complaint: Fill out and submit a form to the BCHRT.
• Consider mediation: The BCHRT may offer mediation to resolve the issue before a hearing. This step is voluntary. Samfiru Tumarkin LLP settles most human rights cases before they proceed this far.
• Attend a hearing: If mediation doesn’t work, a hearing will be held where both parties present their case.
• Wait for a decision: The BCHRT will decide on the case based on the evidence presented.

Make sure you file on time with the BCHRT! You must submit your complaint within one year of the incident or the last incident in a series.

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Can I be fired for raising a human rights issue?

No. In B.C., it is illegal for an employer to fire an employee for raising a human rights issue or filing a human rights complaint. This includes termination, demotion, or any form of reprisal. This type of reaction is a human rights violation.

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• Fired for cause in B.C.
• Rights when you lose your job without cause

If you have been fired for addressing discrimination or harassment, you 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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How a B.C. Human Rights Lawyer Can Help

Samfiru Tumarkin LLP’s B.C. human rights lawyers can provide expert guidance on your rights and options if you’ve experienced discrimination or harassment at work.

We can assist non-unionized employees with filing a complaint with the BC Human Rights Tribunal and represent you in mediation or hearings. If you’re facing a human rights issue, consulting with a lawyer at our respected firm can ensure your rights are protected and you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace human rights cases in B.C. We stand strong as a highly regarded and extensively reviewed law firm, delivering successful outcomes for employees faced with problems. Partnering with us guarantees steadfast legal support focused on securing your rightful severance and justice in the workplace.

Comprehensive 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.