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Discrimination in Employment

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 You cannot fire, refuse to hire, or discriminate against anyone regarding his or her terms of employment on a prohibited ground of discrimination.

An employment agency cannot refuse to refer a person for employment based on a prohibited ground. An employment agency includes a person who undertakes, with or without compensation, to find employees or jobs.

Discrimination in employment on the basis of age is not illegal with the respect to a bona fide ("good faith," with honest motives) scheme based on seniority. As well, discrimination in employment on the basis of marital status, disability, sex, or age, is not illegal with respect to the operation of a bona fide retirement, superannuation or pension plan or with respect to a bona fide group or employee insurance plan.

Finally, discrimination by an employer or an employment agency with respect to a refusal, limitation, specification or preference is not illegal if it is based on a bona fide occupational requirement. In order to prove a bona fide occupational requirement exists, the employer must prove that the requirement was honestly imposed and related to the actual job requirements.

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Legal disclaimer:  The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions.

This page last updated: October 14, 1999
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