What Protections Do Employees Have Against Workplace Discrimination

What Are My Rights as an Employee in Canada?

In Canada, every employee has the right to be treated respectfully and fairly in the workplace. This includes protection against discrimination based on national or ethnic origin, race, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or a conviction for which a record has been suspended or a pardon granted. These protections are enshrined in the Canadian Human Rights Act (CHRA) and apply to all federally regulated workplaces. For instance, let’s consider a scenario where you are an employee at a large telecommunications company, which is a federally regulated industry. If you were to face discrimination based on any of the above-mentioned grounds, you would be protected under the CHRA.

What Protections Do I Have Against Workplace Discrimination in British Columbia Specifically?

In British Columbia, the BC Human Rights Code provides additional protections for employees. It prohibits discrimination in employment on the same grounds as the CHRA, but also includes political belief and source of income. For example, if you are working in a small, local business in Vancouver, and you are being discriminated against because of your political beliefs, you can seek protection under the BC Human Rights Code.

What Can I Do if I Experience Discrimination at Work?

If you believe you have been discriminated against at work, you have several options. You can file a complaint with the Canadian Human Rights Commission or the BC Human Rights Tribunal, depending on where you work. Let’s say you work in a bank in Victoria, and you believe you have been passed over for a promotion because of your age. You can submit a complaint to the BC Human Rights Tribunal. They will investigate your complaint and, if they find it has merit, they can order remedies such as compensation for lost wages or emotional distress.

What If My Employer Retaliates After I File a Complaint?

Retaliation by an employer after an employee has filed a complaint is also considered a form of discrimination. Both the CHRA and the BC Human Rights Code protect employees from retaliation. This means that if you file a complaint about discrimination, your employer cannot fire you, demote you, or treat you unfairly because of it. For instance, if you are a server in a restaurant, and you file a complaint about sexual harassment, your employer cannot cut your hours or give you less desirable shifts in retaliation. If they do, this could be considered a separate act of discrimination, and you could file another complaint or add to your existing one.

What If I Am Discriminated Against by a Co-Worker, Not My Employer?

Workplace discrimination laws also apply to interactions between co-workers. If a co-worker is discriminating against you, your employer has a responsibility to address the situation. If they fail to do so, they could be held liable. Let’s say you are a teacher in Burnaby and a fellow teacher continually makes derogatory comments about your religion. If you report this to your principal and they do nothing to stop it, they could be held responsible for allowing a discriminatory environment to persist.

What If I Witness Discrimination Against a Colleague?

If you witness discrimination against a colleague, you also have rights and responsibilities. You have the right to work in a discrimination-free environment and the responsibility to report any discrimination you witness. If you report such an incident, you are also protected from retaliation by your employer. For example, if you are a software engineer in a tech company in Vancouver and you witness a colleague being discriminated against based on their national origin, you can report this to your human resources department or your supervisor. If you face any adverse consequences for reporting, this could be considered retaliation, and you would have grounds to file a complaint.

What If I Am a Contractor, Not an Employee?

In Canada, protections against workplace discrimination extend to contractors as well. If you are a contractor and you face discrimination from the company you are contracted with, you can file a complaint with the Canadian Human Rights Commission or the BC Human Rights Tribunal.

What If I Am Discriminated Against During the Hiring Process?

Discrimination laws also apply to the hiring process. Employers cannot discriminate against job applicants based on any of the protected grounds. If you believe you have been discriminated against during the hiring process, you can file a complaint. Let’s say you are a job applicant, and you believe you were not hired for a position because of your disability. You can file a complaint with the appropriate human rights body, and they will investigate your claim.

How Can a Lawyer Help Me if I Experience Workplace Discrimination?

An experienced lawyer can be invaluable if you experience workplace discrimination. They can help you understand your rights, guide you through the process of filing a complaint, and represent you in any proceedings before the Human Rights Commission or Tribunal. For instance, if you are a construction worker in Surrey and you believe you have been discriminated against because of your disability, a lawyer can help you gather evidence, file a complaint with the appropriate body, and advocate for you throughout the process.

It’s important to remember that you have rights, whether you are an employee in a remote job, a part-time job, a seasonal job, a family business, a non-profit organization, or a government job. If you believe you have been discriminated against, don’t hesitate to call Labour Rights Law today at 604-245-3169. An experienced lawyer can be a valuable ally in protecting your rights.