As an employer, creating a fair and respectful work environment is important. Your employees spend nearly 40% of their waking hours at work on an average weekday, and they have a right to expect equitable treatment. Unfortunately, workplace discrimination remains a significant issue. Here’s how you can address and prevent discrimination in your organization.
Understanding Illegal Discrimination in the Workplace
Workplace discrimination refers to unfair treatment of employees based on legally protected characteristics. In accordance to BC law, the Human Rights Code protects individuals from discrimination based on:
- Race
- Sex
- Marital Status
- Colour
- Gender Identity or Expression
- Family Status
- Ancestry
- Sexual Orientation
- Age
- Place of Origin
- Physical Disability
- Political Belief
- Religion
- Mental Disability
- Summary or Criminal Conviction
Identifying Examples of Discrimination
Discrimination can manifest in various ways, including:
- Religious Harassment: An employee making derogatory comments about a colleague’s religion in a team communication channel.
- Gender Pay Gap: A male employee earns significantly more than a female colleague performing the same job.
- Pregnancy Discrimination: An employee being passed over for a promised promotion due to pregnancy.
- Age Discrimination: Firing older workers to replace them with younger, less expensive employees.
- Racial Discrimination: Denying training opportunities based on race, colour, or other protected characteristics.
- Inappropriate Interview Questions: Asking about a candidate’s family commitments rather than focusing on their qualifications.
It’s also important to recognize examples of unfair treatment that are not necessarily illegal but can still create a toxic work environment, such as jokes about accents or consistently leaving someone out of important meetings.
Proactive Steps Employers Can Take
- Establish Clear Anti-Discrimination Policies:
Develop comprehensive anti-discrimination policies that outline unacceptable behaviors and the consequences for such actions. Ensure these policies are easily accessible and clearly communicated to all employees.
- Provide Training:
Conduct regular training sessions on diversity, equity, and inclusion to educate employees about discrimination and how to prevent it. Training should be mandatory for all levels of staff, including management.
- Create Safe Reporting Mechanisms:
Set up confidential and effective channels for employees to report discrimination without fear of retaliation. This can include a dedicated hotline or an anonymous reporting system.
- Respond Promptly and Fairly:
When a discrimination complaint is filed, investigate promptly and take appropriate action based on your findings. Ensure that all investigations are thorough, impartial, and documented.
- Foster an Inclusive Culture:
Promote an inclusive workplace culture where diversity is valued, and all employees feel respected and supported. Encourage open dialogue and provide platforms for employees to share their experiences and suggestions.
- Seek Legal Guidance:
Consult with experienced employment lawyers to ensure your policies and practices comply with current laws and regulations. Legal counsel can also assist in handling discrimination complaints and defending against potential lawsuits.
How We Can Help
If legal challenges arise in your business, the employment law team at Baker Newby LLP can help guide you through your rights and obligations, defending against discrimination claims and helping ensure compliance with the employment laws of B.C.
