What are the implications of section 12 of the BC Human Rights Code on discrimination in the workplace?
British Columbia, Canada
The following excerpt is from C.S.W.U. Local 1611 v. SELI Canada and others (No. 8), 2008 BCHRT 436 (CanLII):
Sections 12 and 13 of the Code are very different provisions, designed to address different kinds of discrimination, each with their own unique legislative history. Section 12 is limited to sex-based wage discrimination between persons performing the same or substantially similar work. Section 13, by contrast is limited neither to sex-based or wage discrimination between persons performing the same or substantially similar work. There are occasions where the provisions overlap in their potential application, as in Reid v. Vancouver (City) Police Board, [2000] BCHRT No. 28; rev’d 2003 BCSC 1348; rev’d 2005 BCCA 418. Section 13 is much broader in its application than s. 12.
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