Individuals
Everyone has the right to dignity and respect, and to be free from discrimination. Subject to a few exceptions, British Columbia’s Human Rights Code protects against discriminatory conduct on the following bases:
- Race
- Skin colour
- Ancestry
- Place of origin
- Political belief
- Religion
- Marital status
- Family status
- Physical or mental disability
- Sex
- Sexual orientation
- Gender identity or expression
- Age
- With respect to a person’s employment or union membership, criminal convictions that are unrelated to that person’s employment or union membership
These protections apply to the following matters:
- Employment
- Employment advertisements
- Trade unions, employers’ organizations and occupational associations
- Wages
- Residential and commercial tenancy
- The purchase of property
- Signage, advertisements and other publications
- Accommodation, services or facilities customarily available to the public
There are additional protections available under the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms where the entity responsible for discriminatory conduct is governmental in nature. There are many remedies available for a breach of a person’s human rights. For example, a BC Human Rights Tribunal may order:
- that a discriminatory practice cease, and those responsible take steps to ameliorate its effects;
- monetary compensation; or
- reinstatement of a terminated employee.
If you have been discriminated against, give Muirhead Law a call. Mark will strive to ensure that your rights are respected and that you receive the remedy you deserve.
Organizations
If your organization is an employer, a governmental organization or otherwise provides services to the general public, it is important to have detailed knowledge of human rights laws. Aside from negative publicity, discriminatory conduct by an organization or employees of an organization can have very real consequences. For example, a BC Human Rights Tribunal may order monetary compensation against an organization for violations of the Human Rights Code – these awards have on occasion exceeded $50,000.
However, not all differential treatment based on protected characteristics is considered discriminatory. For example, it is permissible under the Human Rights Code to implement employment equity programs for disadvantaged groups if certain criteria are met. Similarly, it is permissible under the Human Rights Code for non-profit organizations such as charities and educational organizations to set membership preferences based on protected characteristics if certain criteria are met.
Muirhead Law can help your organization anticipate human rights issues before they arise. In particular, Mark can help you with:
- Employment contracts
- Corporate policies
- Anti-discrimination initiatives
- Workplace investigations
- Compliance with human rights laws
- Human rights litigation, including:
- Settlement of human rights complaints
- Applications for early dismissal of human rights complaints
Organizations want their employees and customers to feel respected and valued, and they want their organizations to thrive. Mark can help put measures in place to achieve that goal in a way that honours human rights principles. If you would like to discuss your organization’s human rights law needs, give Muirhead Law a call.