Human Rights Law

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Human Rights Law

Human rights law plays an increasingly important role in employment litigation. Provincial and federal human rights legislation prohibits discrimination in employment on the grounds of race, colour, national origin, religion, marital status, physical or mental disability, sex and sexual orientation.

Employers may face a substantial liability – wages, expenses and injury to dignity, feelings and self-respect – for conduct in the work place, even if that conduct is only in part based on prohibited grounds.

In my more than 25 years at the Bar, I have adviced clients with respect to the interpretation and application of provincial and federal human rights legislation, such as the BC Human Rights Code, for example, with respect to accommodation of disabilities. I have assisted clients with the drafting of human rights policies for the work place. I have also conducted discrimination related investigations, both in private and public sector. I have represented clients in the preparation of complaints or responses to complaints, in human rights mediations, and as counsel in hearings, in British Columbia and other provinces.

The obligation of good faith and fair dealing is incapable of precise definition. However, at a minimum, I believe that in the course of dismissal employers ought to be candid, reasonable, honest and forthright with their employees and should refrain from engaging in conduct that is unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive. (Wallace v. United Grain Growers Ltd. [1997] 3 S.C.R. 701 (Supreme Court of Canada))