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 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”

The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.

What’s the difference between a termination with cause and without? Most people seem to have a good idea, and recognize that a termination with cause is rooted in employee misconduct. If it has been discovered that an employee has been stealing, lying or committing other forms of misconduct, the employer may be able to argue that the employee has fundamentally breached the employment agreement and that the employer is therefore entitled to put an end to the arrangement without any compensation or severance pay.

Or so the thinking goes… What many workers and employers may not recognize is that terminating someone for “just cause” can be remarkably challenging, as one company recently discovered in the recent BC Supreme Court decision Stock v. Oak Bay Marina Ltd., 2017 BCSC 359.

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Probationary Periods – Are they Legal in Canada?

Probationary periods in employment… for  something seeming so simple,  they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal.

So where do these challenges come from? And how can they be remedied?

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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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Task Force on Cannabis Legalization Releases Final Recommendations

On December 13, 2016, the Task Force on Cannabis Legalization and Regulation – the nine-member committee mandated by the Federal Government to advise on the design of a new legislative and regulatory framework for legal access to cannabis in Canada- made public its final report on the legalization of recreational cannabis. Review the report in its entirety here.

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