Protection Against Workplace Discrimination Broadened

Can an employee claim workplace discrimination against an employee from another company? According to the recent Supreme Court of Canada (“SCC”) case of British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the answer, in some circumstances, is yes. In Schrenk, the SCC found that s.13(1)(b) of the British Columbia Human Rights Code (“Code”), which prohibits discriminating against someone “regarding employment”, was not limited to protecting employees from their superiors in the workplace and employers, but, rather, the protection extends to all employees who “suffer discrimination with a sufficient connection to their employment context.” The issue in Schrenk arose when Mr. Mohammadreza Sheikhzadeh-Mashgoul allegedly experienced discriminatory comments at work and subsequent emails based on his religion, place of origin, and sexual orientation by Mr. Edward Schrenk. Mr. Sheikhzadeh-Mashgoul was a civil engineer working…

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