Employees in British Columbia are comprehensively protected from workplace harassment and discrimination through a robust framework of human rights legislation, occupational health and safety laws, and, in certain instances, common law. Employers bear a significant legal obligation to actively maintain a work environment that is safe, respectful, and entirely free from discrimination and harassment.
Foremost among these protections are the Human Rights Protections enshrined in the British Columbia Human Rights Code. This Code strictly prohibits discrimination in all aspects of employment, including hiring, promotion, discipline, termination, and daily work practices, based on a range of specific protected characteristics. These include race, colour, ancestry, place of origin, Indigenous identity, religion, physical or mental disability, sex (which encompasses pregnancy), sexual orientation, gender identity or expression, marital or family status, age (19 and older), political belief, and criminal conviction unrelated to employment. Harassment that is connected to any of these protected grounds is considered a form of discrimination and is explicitly prohibited. Employees who believe they have experienced such treatment have the right to file a complaint with the BC Human Rights Tribunal, which serves as a vital enforcement body for these rights.
Beyond human rights, Occupational Health and Safety Protections under the Workers Compensation Act and WorkSafeBC regulations impose further duties on employers. These laws mandate that employers must ensure their workplace is free from bullying and harassment, a definition that extends beyond protected grounds to include any inappropriate conduct or comment that a person knew or reasonably ought to have known would cause humiliation or intimidation. This broad scope covers bullying, intimidation, or repeated mistreatment, even if it’s not linked to a protected characteristic. To fulfill these obligations, employers are required to develop and implement written policies and procedures for preventing and addressing harassment, provide training to all employees and supervisors, and promptly investigate and address any complaints received.
Employers have a positive and active duty to act whenever they know or reasonably ought to know about instances of harassment or discrimination. This duty encompasses conducting prompt and fair investigations into complaints, taking appropriate corrective action to remedy the situation, and crucially, protecting employees from any form of retaliation for raising concerns or participating in investigations. Failure to adequately address harassment or discrimination can lead to severe consequences for employers, including liability for damages, orders for reinstatement of the employee, human rights penalties, and occupational health and safety violations.
For employees who experience workplace harassment or discrimination, various remedies may be available. These can include monetary compensation for injury to dignity, feelings, and self-respect, lost wages, or even reinstatement to their position. Additionally, courts or tribunals may issue orders requiring the employer to implement changes to workplace practices. If severe harassment leads to the employee feeling compelled to resign, it might be considered a constructive dismissal, which could also lead to damages for wrongful dismissal. The specific remedy awarded will depend on the unique facts of each case and the legal avenue pursued, whether it’s a human rights complaint, a WorkSafeBC complaint, or a civil action.
It’s important to clarify that not all unpleasant or difficult workplace interactions constitute harassment. Reasonable management actions, such as performance reviews, disciplinary actions for legitimate reasons, or constructive feedback, are generally not considered harassment if they are carried out in a fair, respectful, and appropriate manner. Finally, employers are explicitly prohibited from engaging in retaliation against employees for making a complaint or participating in an investigation related to harassment or discrimination, ensuring that employees can raise concerns without fear of negative repercussions.
If you believe you have experienced workplace harassment or discrimination, or if you are an employer seeking guidance on maintaining a compliant and respectful workplace, contact Northam Law today. You can schedule an appointment by calling 604-630-2350 or by emailing admin@northam-law.com.
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