BC’s 14 Protected Grounds of Discrimination

The Federal government, along with every province and territory in Canada, has human rights legislation prohibiting discrimination on grounds such as race, gender and disability in a number of public environments: tenancy, service, and employment, to name a few. 

In the employment context, employers are prohibited from discriminating against employees at any time in the employment process.  This includes discrimination in advertising for positions, hiring, working conditions and through to termination and retirement.

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5 Questions to Consider When Exploring the Duty to Accommodate

The British Columbia Human Rights Code is an important piece of law that aims to foster a society in which impediments to full and free participation in the economic, social, political and cultural life of citizens are removed. Employment, as the driver of our economy, falls under the authority of the Code, and there are 14 prohibited grounds of discrimination in the workplace, including age, gender, race and place of origin.

In relation to the Human Rights Code, discrimination is considered to be negative, differential treatment on the basis of a protected ground. To take a simple example, I’m looking to hire two workers in the same position. I offer the female worker $15 an hour, and her male counterpart $20 an hour, for no reason other than gender-based stereotypes. Clearly, I am treating the female employee differently than the male employee. This is discrimination.

However, Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted. The purpose is to remove barriers to employment and allow continued participation. The duty to accommodate has most often been applied in cases of persons with physical or mental disabilities, but has also been used in accommodating religious beliefs and parental obligations.

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The Bikini Bistro and Discrimination in the Restaurant Industry

An article recently came across my news feed that gave me pause. A new restaurant will be opening in Kamloops, BC, with a ‘unique’ dress code. As the name suggests, the Teenie Bikini Bistro will serve typical pub-style fare served by – wait for it – bikini girls.

In today’s day-in-age, how is this still a thing? And how does this pass the smell test for workplace discrimination?

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Calculating Severance : What do the Courts Say?

We’ve all heard one of the following stories… An employee in heavy industry is laid off because of a downturn in the economy… Or an office worker is let go because she doesn’t get along with her supervisor… Or a company is going through a restructuring and has to terminate a quarter of its staff.

While the creation and destruction of jobs is essential to our economy and our workplaces, people affected by job-loss are nonetheless dealing with a unique form of personal tragedy. After all, a job is not only a source of income, it contributes to our overall well-being and is an important part of our identity.

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Does a 4-Day Work Week Work for Your Business?

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Businesses are increasingly looking at ways to attract, retain and motivate talent. But for all the talk of ping-pong tables, bean chairs and remote offices, could one solution be as simple as restructuring the typical work week?

In a recent world-wide survey conducted by Kronos, 59% of Canadian workers indicated that they would be interested in a 3-day weekend, and nearly 30% of Canadians were ready to take a pay-cut in order to do so. But practically speaking, how would a business go about doing so?

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The Legalities of Criminal, Credit and Medical Checks in HR

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From time to time, I get questions from employees and companies alike about the legalities of performing various forms of background checks in the hiring process. While thankfully these issues do not come up too frequently, three forms of checks which cause particular concern are criminal record checks, credit checks, and medical checks.

While requests for this type of sensitive personal information are far more common in the United States, they continue to be applicable in Canada as well. In this article, we will examine whether these requests are legal and if so, what types of limits are associated with them. Continue reading “The Legalities of Criminal, Credit and Medical Checks in HR”

Fixed-Term Employment: Manage the Risks and Respect Your Employees

Some employment relationships are short term or temporary by necessity, such as when an employee is hired to complete a discrete project or fill a maternity leave position. In these situations, the parties will often sign a contract that sets out how long the employment will last and when exactly it will end. We call such agreements fixed-term contracts.

One benefit to employers of a fixed-term contract is that when the employment ends on the date specified (subject to the cautions set out below), the employee is not entitled to reasonable notice or severance. However, there are also potential risks to using fixed-term employment contracts in your business.

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Pets: A Workplace’s Best Friend?

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Research shows that, in addition to happier, healthier employees, pet-friendly employers also witness reduced absenteeism, increased productivity and creativity, a greater willingness to work late, and improved talent attraction and retention. A number of high-profile companies, like fellow B Corps Hootsuite and Etsy, have taken this research to heart and adopted “dog-friendly” policies.

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Flex Hours: Making it Work for Your Business

Researchers and pundits alike hail the benefits of flexible work arrangements, which include employee happiness, productivity, and engagement. In certain circumstances, such as where an employee faces health issues or family responsibilities, flexible work hours can also make the difference between retaining and losing a key part of your team.

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