Are your anti-discrimination policies in line with the right legislative body?
Most employers are aware that they cannot discriminate or tolerate discrimination within their workplaces. How policies and procedures are written, what they refer to, and how they’re managed, however, can differ significantly, and may not be aligned with current or applicable legislation.
In the same way that the Canada Labour Code applies to federally regulated workplaces and the Employment Standards Act applies to provincially regulated workplaces, Human Rights is also legislated both federally and provincially.
People who work for (or receive services from) provincially legislated organizations are protected by the BC Human Rights Code. People who are employed by (or receive services from) the federal government, federally regulated organizations, or First Nations governments and/or administrations, are protected by the Canadian Human Rights Act.
While the definition of discrimination and requirements/impact to organizations is largely the same, there are some important distinctions in language that should be reflected in your respectful workplace and/or anti-discrimination policies. Accordingly, some grounds of discrimination have been added and/or have changed over the years.
Although both refer to “grounds of discrimination”, the BC Human Rights Code calls them ‘protected grounds’, whereas the Canadian Human Rights Act calls them ‘prohibited grounds’.
BC Human Rights Code protected grounds
Under the BC Human Rights Code, employees may not be treated differently based upon the following protected characteristics/grounds of discrimination:
- Age
- Criminal Conviction
- Gender Identity or Expression
- Family Status
- Indigenous Identity (*Added November 2021)
- Marital Status
- Mental and/or Physical Disability
- Political Belief
- Race, Colour, Place of Origin, and Ancestry
- Religion
- Sex
- Sexual Orientation
Canadian Human Rights Act prohibited grounds
Under the Canadian Human Rights Act, employees may not be treated differently based upon the following prohibited grounds of discrimination:
- Age
- Colour
- Conviction for an offense for a which a pardon has been granted or record suspension has been ordered
- Disability
- Gender Identity or Expression
- Genetic Characteristics
- Family Status
- Marital Status
- Race, National or Ethnic Origin
- Religion
- Sex
- Sexual Orientation
Whether your organization is provincially or federally regulated, it’s important to state your commitment to a respectful, anti-discriminatory workplace. This includes clearly outlining the steps employees should follow if they experience or witness discrimination, and most importantly – holding leaders and managers accountable to upholding these practices.
Let Jouta’s HR Consultants update or develop your respectful workplace practices to ensure they’re both compliant and aligned with your organization.