Human Rights

Employers have a legal duty to ensure that workplace decisions and environments are free from discrimination based on protected grounds. This applies across all aspects of employment, including hiring, compensation, promotions, discipline, and termination. Meeting these obligations requires not only an understanding of the law, but also careful, consistent decision-making in practice.

We assist employers in navigating these responsibilities with practical, proactive advice. This includes reviewing and developing workplace policies to minimize the risk of discrimination, advising on day-to-day management decisions, and helping identify potential issues before they escalate.

In particular, we support employers in:

  • Assessing whether policies or practices may have unintended discriminatory effects
  • Responding appropriately and effectively to complaints of discrimination or harassment
  • Establishing and maintaining respectful, harassment-free workplaces
  • Managing accommodation requests and fulfilling the duty to accommodate

When concerns arise, early legal guidance can help contain risk and support fair, defensible outcomes. Where a complaint has been made, we assist with investigations, strategic response, and representation through the BC Human Rights Tribunal process.

Human Rights Code vs Tribunal in BC

The British Columbia Human Rights Code is the law that sets out your rights and protections. It establishes the fundamental principles of equality in the province and prohibits discrimination in specific areas, such as employment, housing, and services, based on protected grounds like disability, race, gender, and age. The Code also outlines the purpose of human rights protections – promoting dignity, preventing discrimination, and providing a way for individuals to seek a remedy if their rights are violated.

The BC Human Rights Tribunal, on the other hand, is the body responsible for enforcing those rights. It is an independent decision-maker that receives, manages, and resolves complaints made under the Code. The Tribunal does not create the law, it applies it. It helps parties resolve disputes through mediation, considers applications to dismiss complaints, and, where necessary, conducts hearings and makes binding decisions. 

Human Rights Lawyers in Port Coquitlam

Human rights matters are often sensitive and complex. At Alder Law, we understand that these issues frequently arise at difficult moments, whether you are experiencing discrimination or responding to a complaint within your workplace. Our approach is grounded in clear communication, responsiveness, and a commitment to achieving the best possible outcome.

For employees, timely legal advice can help you understand your rights, assess whether discrimination has occurred, and determine how to best navigate the issue at hand. This may include gathering and preserving evidence, navigating internal workplace processes, and advancing a claim before the BC Human Rights Tribunal. A lawyer can also assist with negotiations or settlements, helping you seek meaningful remedies while minimizing stress and delay.

For employers, early guidance is equally important. We assist with responding to complaints, conducting workplace investigations, and ensuring that policies and practices comply with human rights obligations. Where a claim has been filed, we help prepare a strong and strategic response, represent employers throughout the tribunal process, and work toward practical resolutions that reduce legal exposure and protect workplace integrity.

Getting timely legal advice is imperative to protecting and building your claim clarifying your rights and responsibilities, reducing risk, and leading to more effective and efficient outcomes for everyone involved.

Do you need help with a Human Rights complaint? Please call us at 604 936 9600, email [email protected] or complete the contact form and we will be in touch.

Human Rights FAQs

What does Duty to Accommodate mean?

A key component of human rights law is the duty to accommodate. Employers in British Columbia have a legal obligation to accommodate employees based on protected grounds, up to the point of undue hardship. This often arises in cases involving disability, family obligations, or religious practices.

Common accommodation scenarios include:

  • Adjusting work schedules for medical or family-related needs
  • Modifying job duties or providing assistive tools
  • Allowing time off for religious observances or health-related issues

Accommodation is a shared responsibility. Employees are expected to communicate their needs and provide relevant information, while employers must actively explore reasonable solutions.

The obligation to accommodate continues until it would cause undue hardship, which may involve significant cost, health and safety risks, or operational challenges.

How do you identify workplace harassment?

Harassment is a form of discrimination and is prohibited when it is connected to a protected ground. It can include inappropriate comments, jokes, slurs, intimidation, or other behaviour that creates a hostile or “poisoned” work environment.

Workplace harassment may:

  • Occur as a single serious incident or a pattern of behaviour
  • Come from supervisors, coworkers, or even clients
  • Be in person or occur through emails, messaging platforms, or social media

Employers are required to take harassment complaints seriously, investigate them promptly, and take appropriate corrective action where necessary.

What are my human rights in the workplace in British Columbia?

In British Columbia, employees are protected from discrimination and harassment under provincial human rights law. This means your employer cannot treat you unfairly based on certain personal characteristics, such as disability, gender, race, age, religion, or family status. These protections apply throughout your employment from hiring to termination.

What is considered workplace discrimination?

Workplace discrimination occurs when you are treated differently or disadvantaged because of a protected characteristic. This can include being denied a job or promotion, paid less, disciplined unfairly, or terminated for reasons connected to a protected ground. Discrimination can be direct, or it can happen through policies or practices that disproportionately affect certain groups.

What are “protected grounds” under BC human rights law?

Protected grounds are personal characteristics that cannot be used as a basis for unfair treatment. In British Columbia, these include age, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, and criminal conviction.

What compensation can I receive for a human rights violation?

If your complaint is successful, you may be entitled to remedies such as compensation for lost wages or benefits, compensation for expenses arising from the discrimination, and compensation for injury to dignity, feelings and/ or self-respect. The Tribunal may also order an employer to cease and refrain from committing similar discriminations again in the future. 

Should I speak to a lawyer before filing a complaint?

It is recommended to seek legal advice before filing a human rights complaint. A lawyer can help you assess the strength of your claim, ensure deadlines are met, and guide you through the process. Early advice can also help you explore resolution options before the matter escalates.

 

Human Rights Resources

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From our office in Port Coquitlam our team of lawyers and legal assistants serve individuals and their families in and around the Tri-Cities (Port Coquitlam, Coquitlam and Port Moody), the Fraser Valley (Surrey, Abbotsford, Delta, Pitt Meadows, Maple Ridge, White Rock, Mission, Langley) and across British Columbia.  

Get in touch and let us know how we can help you.