If an employer is made aware of discrimination claims, they must take the appropriate steps to address the situation seriously.

Failure to follow procedures set out by the B.C. Human Rights Tribunal (BCHRT), and mishandling discrimination claims could result in lengthy and costly legal proceedings, potentially disrupting the workplace and damaging relationships. Most importantly, to reduce claims brought to the BCHRT, employers need to be respectful and supportive throughout the process.

What Employers Should Do?

If an employee raises a complaint of discrimination in the workplace, an employer needs to follow three main principles:

1. Act promptly. The BCHRT has outlined guiding principles that employers should meet.
2. Take the claim seriously and conduct an appropriate investigation.
3. If the claim objectively has merit, the employer must address the claim, its impact, and take concrete steps to ensure that the discrimination does not continue. You may need to seek the opinion of an independent third party, such as a lawyer, to determine if there is objective merit.

When employers follow these principles, they not only resolve the issues effectively, but also mitigate liability if the employee files a human rights claim. If the employer can prove that they have met these principles in a manner that aligns with the BCHRT’s guidelines, it is possible that the BCHRT will exercise its discretion to dismiss the claim against the employer.

Best Practices

For employers to satisfy these requirements, the BCHRT emphasizes that the standard is not perfection, but rather ‘reasonableness’. Employers must also recognize that although there are guiding principles on how to respond, each claim is unique, and a one-size-fits-all approach will not suffice.

For an employer to meet these requirements, they should evaluate whether an objective observer would deem their actions as reasonable in response to the claims made of discrimination. For example, in the recent BCHRT case of Salanguit v. Parq Vancouver and another, 2024 BCHRT 119, an employee filed a claim of workplace discrimination against their employer. In response, the employer provided evidence that they conducted the investigation within a few days of being aware of the complaint, offered the employee counseling resources, and accommodated them during their medical leave. Furthermore, when the investigation revealed wrongdoing by another employee, that employee was disciplined, and a settlement was offered to the discriminated employee. The settlement was a reasonable amount that the employee could have expected to receive if their BCHRT claim was ultimately successful. The tribunal concluded that the employer’s response satisfied the principles that the BCHRT set out, leading to the dismissal of the claim on the grounds that proceeding further would not advance the purpose of the BC Human Rights Code.

Putting this into practice requires employers to:

1. Have a policy that outlines a reasonable procedure for handling discrimination complaints.
2. Document their entire process when addressing a complaint. This documentation will serve as evidence if a claim is brought and can also be referenced to guide future claims.
3. Review their investigation findings and revise policies and procedures to help prevent future discrimination.

Employers should take claims of discrimination seriously. Failure to properly respond and handle these claims can lead to further legal consequences. Employers need to respond promptly and complete investigations in a timely manner. If wrongdoing is found, they should acknowledge and address the discriminatory conduct, and take steps to reduce and mitigate future claims. For more information on this topic, contact our Workplace Law team. We’re here to help.