Considering complaints of discrimination

When dismissing an employee in today's business landscape it's important that employers know the factors under the British Columbia Human Rights Code.  An intention to contravene the Act is not needed for action to be taken in the case of discrimination. 

Partner Clay Williams discusses.

Transcript:

Most employers know that British Columbia has a Human Rights Code and I think most employers also know that that's the enabling legislation that allows the Human Rights Tribunal to consider complaints of discrimination.

Reading from the code, it prohibits discrimination in employment by stating that a person may not refuse to employ or refuse to continue to employ a person or discriminate against a person regarding employment or any term or condition of employment on the basis of race, colour, ancestry, place of origin, political beliefs, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age, or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.

I think what a lot of employers don't realize is that you don't need an intention to contravene the Act, so if you are dismissing somebody and there's any of those factors come into play, I think it's really important that you come to me and I can help you to navigate through what can be a real minefield. It's really easy for an employee to fill out a form and start a complaint and then an employer is in a process and that's something FH&P Lawyers can help you with.