Can you discriminate based on political affiliation

In another case before the British Columbia Human Rights Tribunal, political belief was involved in an employment law situation where an employer did not hire the complainant. Sylvia Stephens filed a complaint with the Tribunal against a First Nation development corporation and other individuals alleging that she was not hired because of her family status and political beliefs Stephens v.

The respondents countered that her opinions as outlined in her filings did not amount to political beliefs. Tribunal Member Lindsay Lyster wrote:. Stephens in the documents she has submitted. In my view, Ms. Stephens has alleged facts with respect to the allegations of discrimination on the basis of political belief which, if proven, could constitute a contravention of the Code Stephens at para In the end, the Tribunal dismissed Ms.

The B. Human Rights Tribunal decided the Stephens case under a human rights code that recognizes political belief as a human right prohibited ground for discrimination. However, what would happen if such a case fell under the jurisdiction of the federal Canadian Human Rights Act where political belief is not a protected ground?

In the case of Bailey v. Canada should not pick and choose which human rights it wants to implement. First Nations people facing discrimination in employment and other areas of Canadian law would applaud such a step. Troy Hunter J. Co-op Law is an aboriginal lawyer. The CSRA provides different remedial schemes depending on the severity of the personnel action at issue.

For the most drastic actions, such as discharge, an employee is entitled to appeal the agency's decision directly to the [U. An employee may not challenge a transfer by means of a direct appeal to the MSPB. Instead, she must file an administrative complaint with the [U. See 5 U. If the OSC determines that such grounds exist, it may request that the agency rescind the action and, if the agency declines, petition the MSPB to take appropriate remedial steps.

See id. The OSC is generally required to act on an administrative complaint within days. If the OSC terminates the investigation because it does not find reasonable grounds to conclude that a prohibited personnel action has or will occur, the OSC must tell the complaining employee the reason for its action.

As you can infer from the complex procedure outlined by the First Circuit above, it can prove challenging for a federal government employee to take all the necessary steps to protect her rights. An experienced attorney can help federal employees ensure they preserve their rights to be protected against unlawful political affiliation discrimination.

If you believe your employer has discriminated against you, you should contact an discrimination lawyers. An experienced employment lawyer near you can explain your rights and options. This attorney can represent you at hearings and in court. Daniel Lebovic. Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity.

Daniel holds a J. Daniel is also admitted to practice before the United States Courts of Appeals for both the 2nd and 11th Circuits. You can learn more about Daniel by checking out his Linkedin profile and his personal page. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Sexual Harassment. Employment Contracts. Wages and Overtime Pay. Employment Discrimination. Workplace Disputes. Pensions and Benefits. Wrongful Termination. Please provide a valid Zip Code or City and choose a category.

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