Employment Law Quiz: Discrimination and Rights

BC Human Rights Code Definitions

• "age": 19 years or more
• "chair": member designated under section 31
• "collective agreement": a collective agreement as defined in the Labour Relations Code
• "commissioner": Human Rights Commissioner appointed under section 47.01
• "complainant": person or group of people filing a complaint under section 21
• "complaint": complaint filed under section 21
• "discrimination": includes conduct described in sections 7, 8 (1)(a), (9)(a) and (b), 10(1)(a), 11, 13(1)(a) and (2), 14(a) and (b), 43 and 47.21
• "employers' organization": organization of employers formed for purposes relating to employer-employee relations
• "employment": includes master-servant, master-apprentice, and principal-agent relationships
• "employment agency": person who procures employees for employers or employment for persons
• "Indigenous": Indigenous people as defined in the Declaration on the Rights of Indigenous Peoples Act
• "intervenor": commissioner or other person entitled to intervene under section 22.1
• "member": person appointed under section 31 as a member of the tribunal
• "occupational association": organization (excluding trade unions and employers' organizations) where membership is prerequisite to trade, occupation, or profession
• "panel": panel designated under section 27.1 (1)(b)
• "party": complainant, person against whom the complaint is made, and any person added by the tribunal
• "person": includes employers, employment agencies, employers' organizations, occupational associations, and trade unions
• "trade union": organization of employees formed for the purpose of regulating relations between employees and employers
• "tribunal": British Columbia Human Rights Tribunal

BC Human Rights Code Purposes

• (a) foster a society where participation in British Columbia's economic, social, political and cultural life is unimpeded
• (b) promote a climate of understanding and mutual respect among all individuals
• (c) prevent discrimination prohibited by the Code
• (d) identify and eliminate ongoing patterns of inequality associated with prohibited discrimination
• (e) provide a means of redress to those discriminated against contrary to the Code

BC Human Rights Code Other Provisions

• Code prevails: if conflict between this Code and any other enactment, this Code takes precedence
• Discriminatory publication: prohibits publishing, issuing or displaying a statement or representation that indicates discrimination or is likely to subject an individual to hatred or contempt due to certain protected characteristics
• Discrimination in accommodation, service and facility: prohibits denying a service or facility available to the public because of protected characteristics
• Discrimination in purchase of property: prohibits denying the opportunity to purchase property based on protected characteristics
• Discrimination in tenancy premises: prohibits denying the right to occupy or discriminating in terms or conditions of a tenancy based on protected characteristics
• Discrimination in employment advertisements: prohibits employment advertisements that express limitations, specifications or preferences based on protected characteristics (unless a bona fide occupational requirement)
• Discrimination in wages: prohibits paying different wages for similar or substantially similar work based on gender
• Discrimination in employment: prohibits refusing to employ or discriminate against someone based on protected characteristics (or criminal offense unrelated to employment)
• Discrimination by unions: prohibits trade unions, employers organizations, or occupational associations from excluding any member based on protected characteristics
• Complaints: any person alleging a contravention of the Code can file a complaint with the tribunal in satisfactory form
• Time limit for filing a complaint: complaints must be filed within 1 year of the alleged contravention (or, for ongoing contraventions, the last instance)
• Dismissal of a complaint: a member or panel may dismiss a complaint if it's out of the tribunal's jurisdiction, doesn't violate the Code, lacks a reasonable prospect of success, or was filed improperly.
• Assignment of complaints: the chair can assign a complaint to a single member or a panel of three members
• Evidence: a member/panel can accept any evidence, even if inadmissible in court.
• Powers to make rules: the tribunal can create rules to resolve complaints efficiently
• Dismissal for failure to pursue complaint: failure to act on notice to diligently pursue a complaint may lead to dismissal
• Assisting parties to settle: members or designated individuals can assist parties in settlement (mediation)
• Enforcement of settlement agreements: broken settlement agreements can be enforced by the Supreme Court
• Human Rights Tribunal: the tribunal consists of appointed members
• Application of Administrative Tribunals Act: specifies which parts of the Administrative Tribunals Act apply to the tribunal
• Staff of the tribunal: employees necessary for tribunal operation are appointed under the Public Service Act
• Commissioner: appointed by the Legislative Assembly
• Commissioner and other intervenors: commissioner/panel can allow others to intervene during complaint process
• Deferral of a complaint: if another relevant proceeding exists, the complaint may be deferred
• Dismissal of a complaint: complaint can be dismissed if outside of the tribunal's jurisdiction, where there is no reasonable prospect of success, with improper motives etc.
• Assignment of complaints: chair can assign complaints to a single member or panel of three members
• Evidence: tribunal allowed to accept any evidence (even if non-admissible in court)
• Powers to make rules: Tribunal may make rules to facilitate just and timely resolution of complaints. Specific rules regarding these areas are mentioned.
• Enforcement of remedies: orders from the tribunal can, in certain cases, be enforced by the Supreme Court.
• Annual report: the tribunal must submit an annual report to the responsible government minister
• Disclosure: confidential information received during a settlement discussion may not be disclosed to third parties (unless party consent)
• Exemptions: under specific circumstances, the Code may not apply to certain organizations (defined under the Act)
• Special programs: plans to improve conditions for disadvantaged individuals or groups are not considered discriminatory
• Protection: a person can't discriminate/punish someone for formally participating in complaints or assisting in a hearing
• Style of cause for proceedings: proceedings can be brought in the name of the relevant trade union, employers' organization or occupational association
• Technical defects: procedural defects that are not substantial do not invalidate a proceeding
• Delegation of powers: chair can delegate certain powers to members under specific conditions
• Time limits: the code can continue to apply to a complaint despite expiry of a period under certain circumstances
• Human Rights Commissioner: appointment by Legislative Assembly
• Acting commissioner: if the commissioner is temporarily unavailable, an acting commissioner can perform duties
• Salary, expenses and benefits: commissioners are entitled to specific payments for travel, expenses etc
• Oath of commissioner: commissioner must take an oath of office
• Staff of commissioner: commissioner can employ people under the Public Service Act
• Delegation by commissioner: commissioners can delegate power/duties to those they have employed. Exceptions are noted.
• Advisory council: established to advice the commissioner or perform other functions
• Restrictions on disclosure: Commissioner or staff cannot disclose specific information.
• Provision of tribunal records: Tribunal provides records to the commissioner on request.
• Referrals: Legislative Assembly can refer matters to the commissioner
• Commissioner's inquiry: Commissioner can make inquiry into a matter that would promote or protect human rights
• Enforcement of commissioner's orders: orders of the commissioner can be enforced by the Supreme Court
• Commissioner's inquiry reports: commissioners make reports, and provides them to the proper governing body
• Offence Act: Certain sections of the Offence Act do not apply to the Human Rights Code
• Power to make regulations: the Lieutenant Governor in Council can make regulations governing specific areas
• Review of some sections: specific sections of the Code need periodic reviews by a special committee