Legal Implications of Hiring
Human Rights Code
The Human Rights Code applies to all aspects of the employment relationship, including recruitment and selection. As an employer, you must understand how discrimination affects all phases of hiring. Under the British Columbia Human Rights Code, discrimination is prohibited on the following grounds:
- race or ethnicity
- ancestry
- place of origin
- religion
- physical and mental disability
- age
- sex (includes pregnancy and childbirth)
- marital status
- sexual orientation
An employer may only defend a discriminatory policy or practice by establishing a legitimate bona fide occupational requirement in good faith.
The Canadian Human Rights Commission has published a “A Guide to Screening And Selection in Employment” that provides employers with practical and detailed advice on how to avoid potential sources of discrimination in the advertising, screening and selection process.