On December 15, 2017 the Supreme Court of Canada released its reasons for judgment in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62. This decision overturned the British Columbia Court of Appeal’s decision where it was held that not all discriminatory comments and actions that happen at a workplace are necessarily discrimination “regarding employment” for the purposes of the Code. The Supreme Court decision expands the scope of protection under the Human Rights legislation, allowing a claim against an individual employed by a different company than the complainant, and their employer. The decision confirms a prohibition that discriminatory conduct extends to employees employed by different employers as long as a sufficient connection to the complainant’s employment can be established.
2018 February Employment Law Updates rose 2019-02-08T18:05:46+00:00