HUMAN RIGHTS TRIBUNAL

The Human Rights Code prohibits discrimination on the basis of unchangeable characteristics such as: 

• Race                    
• Colour
• Ancestry 
• Place of origin  

And social positions including:

• Political beliefs 
• Religion      
• Marital status    
• Family status (which includes a parent/child relationship but is not limited to birth or natural parent /child relationships)
• Physical or mental disability (usually defined as an actual or perceived permanent or ongoing condition which affects or restricts physical or mental activity). Employers and service providers have a duty to accommodate disabled people
• Sex (gender)    
• Sexual orientation
• Age(19 to 65) NOTE: In 2008, mandatory retirement will no longer be allowed. This means it can not be assumed automatically an employee will leave at age 65 or an employer can require them to leave at age 65.
• Criminal conviction    
• Lawful source of income
  
  Learn more about the meaning of these terms

The Code does not permit businesses that are open to the public to discriminate against people; or employers to discriminate against employees or applicants for jobs.  

Most complaints made against restaurants claim discrimination against disabled people in not providing services and sex discrimination against female employees (sexual harassment and termination due to pregnancy).

The BC Human Rights Tribunal accepts, screens mediates and adjudicates human rights complaints. Here are some examples:

• No access or access areas too cluttered or narrow for people with limited mobility or using a wheelchair or walker.  

Access must be provided to disabled people unless it would be so expensive it would create  significant hardship to the business and the employees.  Every effort must be made to create a way disabled people can enter and enjoy your restaurant.

• Disabled people with assistance dogs being told to leave their dogs outside.

Assistance dogs must be permitted in every place that provides any type of service. Restaurant owners are told they should not permit dogs where food is served and may not know they must admit assistance dogs.  Not knowing the law is not a defense, however.

• A pregnant employee claims she was terminated because the operator feels it is inappropriate for a pregnant woman to be serving tables and carrying heavy trays of food; or in another case, her leave was to be at a busy time so a replacement started before she was prepared to leave.  

An employer may only argue the employee was terminated for cause, such as bad attitude, making cash mistakes, or being late.  Go to Termination on this site for information about just cause.  The employer must prove there was just cause and pregnancy was not a factor.

In BC, if a person is terminated because she is pregnant, she is not limited to claiming just the notice or compensation she is entitled to under the Employment Standards Act.  She may claim compensation under the Employment Standards Act and also file a complaint with the Human Rights Tribunal. If discrimination is proved, she may be awarded additional compensation, such as lost wages or other remedies under the Human Rights Code.

• Advertisements for jobs that specify or suggest gender preference

A sign in the window “ Waiter Wanted” suggests only men may apply.  It is better to use the neutral term server or say waiter or waitress wanted.

• Employees’ rights to maternity and parental leaves

Employees are entitled to these leaves  by the Employment Standards Act.  It’s illegal to refuse to let the employee come back to work, or, when they come back, give them a different job, deny them a chance to be promoted or treat them differently in any way because they take the leave they’re entitled to.

• Accommodation of special needs, including disability

Disabled employees are entitled to have their job adjusted or physical barriers  removed.  This is called accommodation. The law requires employers make reasonable efforts to accommodate and to be able to show proof they did as much as they could.

• Sexual harassment

Sexual harassment is any unwelcome sexual comments, jokes, teasing, requests for dates or sex, touching etc, The key word is unwelcome.  In our industry, sexual harassment by co workers, managers and customers can cause real problems.  Make it clear to your employees and managers that sexual harassment is not acceptable and commit to acting quickly and decisively if sexual harassment is happening. 

Do not encourage employees to confuse work with going to a party.  The workplace can be friendly and upbeat without being disrespectful. Do not encourage after hours socializing and excessive drinking. Think about the consequences and fallout from staff camping trips or parties where harassment and excessive drinking could be a problem.