PLLR Lawyers frequently advise and assist employers and employees on human rights legislation-related workplace issues.
Human rights legislation provides protection, procedures and remedies for individuals who have experienced discrimination. These protections flow from the Canadian Charter of Rights and Freedoms, the BC Human Rights Code and the Canadian Human Rights Act.
It is not possible to contract out of the provisions of human rights legislation. Human rights legislation protects employees against discrimination based on enumerated protected grounds, including age, gender, sexual orientation, race, religion, colour, place of origin, marital and family status, disability and criminal conviction. Human rights legislation provides that an employer must not refuse to employ or refuse to continue to employ a person or discriminate against a person regarding employment or any term or condition of employment, on the basis of these protected grounds. (Recommend that this be highlighted somehow on the page as it is noteworthy and deserves additional attention)
Pursuant to legal philosophy and applications considering human rights legislation, an employer has a “duty to accommodate” an employee’s physical or mental disability. This means that an employer may be required to make changes to the terms or conditions of the employment so that the employee is able to do the job.
For example, the employer might be required to:
- Allow the employee time off (unpaid leave),
- Allow a graduated return to work,
- Reduce or change some of the job duties,
- Change the way tasks are to be done,
- Provide specialized equipment,
- Make ergonomic changes to a workstation,
- Or simply continue to employ the person despite lowered productivity.
The firm’s employment law practice group includes legal counsel with decades of practice experience in this area whom can collaborate on cases to provide clients with comprehensive and effective legal representation. To contact the firm, call 604-276-2765 or fill out the form below.