Despite the nostalgia for the “good old days” that gets expressed in shows like “Mad Men,” most of us recognize that one of the hallmarks of the workplace until just a few decades ago was open and systemic discrimination against women (and other groups). This was manifested in the idea that women did not need to be paid the same wages as “men with families to support” or were not suitable for positions in senior management because they would leave the position as soon as they became married or pregnant. While these days are behind us, some of these attitudes continue to linger. However, women today have legal recourse to fight back against work place discrimination. If you feel that you have been discriminated against on the basis of your sex, be sure to call the team at McQuarrie Hunter, LLP to seek legal assistance.
What is discrimination?
The BC Human Rights Code prohibits employers from discriminating against employees on the basis of their sex, as well as a whole range of characteristics including their race, colour, political beliefs, religion, age, sexual orientation, and more. This means that people must not be treated differently in the work place as a result of any of these things. Most obviously, in the case of sex discrimination, it means that a woman cannot be paid less than a man simply because she is a woman. It means that a woman cannot be denied a promotion because she has a husband. In these cases, an employee may have the basis of a Human Rights complaint, and should consult a lawyer.
Why do I need a lawyer, isn’t it obvious that I have a legitimate complaint?
The reality is that while most employers would have no problem acknowledging that a woman should have the same wage as a man for the same work, there are lingering stereotypes or cultural norms that can be working behind the scenes to make things rather more complicated. For example, if a high-paying job involves heavy lifting, the moment of discrimination may be when an employer doesn’t hire or promote a woman to the job because he or she doesn’t think a woman could do the lifting required. Another “sneaky” act of discrimination may occur when women and men are performing jobs that require an equal degree of skill or experience, but the job that the women perform is not considered to be worth the same wage. In these cases, the assistance of a lawyer would be necessary in order to undertake the necessary studies to evaluate the positions.
Am I entitled to compensation?
If you are found to have been discriminated against, compensation may be awarded to cover things like lost salary and opportunities, increased salary and back-wages, and an amount to address injuries caused by suffering in the work place as a result of loss of respect and dignity resulting from the discrimination.
There is no place for discrimination in the work place. If you feel you may be suffering from discrimination related to your sex or any other reason, be sure to seek legal advice as soon as possible.
