Basic Rights

Have I been discriminated against?

Crime Housing Work Discrimination 2SLGBTQi+ Basic Rights

Last Reviewed:

June, 2025

Reviewed By:

JES Legal Specialist

employees-job-fit-and-best-performance-concept
BIG IDEA

Discrimination is when someone is treated badly or unfairly because of a personal characteristic that the law protects. You have the right not to be discriminated against.

The basics

Discrimination is when:

  • You've been treated badly or denied a benefit,
  • The bad treatment is because of a protected personal characteristic (e.g. your race, gender, disability, Indigenous identity or sexual orientation) and
  • It happens at work or when you are looking for work; in a store, restaurant or other service, in a publication or with respect to your housing.

 

 

Dig Deeper

See full list of protected personal characteristics here. Intro to Human Rights, the Office of the BC Human Rights Commissione

Top tips

If you are facing discrimination here are some things to keep in mind:

1.  Write it down:

  • Keep a detailed record of incidents, including dates, times, locations, what was said or done, and any witnesses.

2. Gather evidence:

  • Save any relevant emails, messages, or documents.
  • Note down any patterns of behavior that indicate discrimination

3. Talk to someone you trust:

  • Discuss your concerns with a parent, teacher, counselor, or trusted adult.

4. Get help:

  • There are organizations that provide support and advice on discrimination issues, such as the BC Human Rights Clinic. They can help you figure out your options and support you along the way.
  • You can always seek legal advice by talking with a lawyer

5. Make a formal complaint:

Hot Tip

If you decide to file a complaint, you need to file within one year of the discrimination.

Get help

BC Human Rights Clinic to find out more about human rights, the tribunal process, and to get legal help and advice

Child and Youth Legal Centre provides legal support for young people who are experiencing problems relating to family law, child protection, a breach of your human rights and many other legal issues

BC Human Rights Commission is responsible for promoting and protecting human rights in BC and has lots of great information and resources to help you out.

How does the BC Human Rights Tribunal work?

The BC Human Rights Tribunal is like a court but it only deals with human rights issues. Its procedures are simplified so it is easier for people to go through the process even if they don’t have a lawyer. Fees for applying to the Human Rights Tribunal are very low but if you cannot afford the fees you can ask to have the fee waived.

There is also a Canadian Human Rights Commission and Tribunal if you are discriminated against by a federally regulated entity like a bank, airline or First Nation.

Dig Deeper

BC’s Human Rights System, The Office of the Human Rights Commissioner

Can I make a human rights complaint even if I’m under 19?

The BC Human Rights Code generally applies to everyone, but protection from age discrimination only applies if you are 19 or older. For example if you are denied housing because you are under 19 that’s allowed but if you're denied housing because of your race that’s not allowed.

If you’re under 19 but are discriminated against for a reason other than age you can make a complaint.

I’m being harassed. Is this discrimination?

Harassment is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. Human rights law protects you when the harassment is based on a protected characteristic like if someone makes unwelcome sexual suggestions or advances at work.

Other types of harassment

  • Bullied or harassed at work but it’s not related to a personal characteristic? Workplace safety issue! Go to WorkSafe BC.
  • Someone is making you afraid for your or your family’s safety by stalking or making threats? Criminal law issue! Call 911 if in immediate danger or report it to your local police non-emergency line.

Get help

VictimLinkBC is a toll-free, confidential, multilingual service available across B.C. 24/7. Call 1-800-563-0808 or email VictimLinkBC@bc211.ca

Real Case

J started working at a restaurant. J is non-binary and uses they/them pronouns. The bar manager persistently misgendered J, used she/her pronouns and gendered nicknames. Despites J requests for the bar manager to stop and requests for management to do something, nothing was done. After an argument with the bar manager, J was fired. J was told they came on “too strong too fast” and were too “militant”. J filed a complaint in the Human Rights Tribunal alleging the bar manager and employer discriminated against them based on gender identity and expression and won. The BC Human Rights Tribunal awarded J $30,000 for the injury to J’s dignity, feelings and self-respect.