Area – Purchase of Property

COVID-19 Amounts to Disability & Employers Must Accommodate Employees Amidst the Crisis, BC Human Rights Commissioner States

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On March 23, 2020, BC’s Human Rights Commissioner Kasari Govender released a statement on COVID-19, saying that in her view, COVID-19 amounts to a disability. While she recognized that in the rapidly changing circumstances, there has not been time for courts of the BC Human Rights Tribunal to weigh in on the matter, she was prepared to provide her opinion. She gave the following reasoning:

The seriousness of this illness – and the potential stigma that attaches to it – make it more akin to the legal protections that apply to HIV than to the common cold. Therefore, discrimination on the basis of someone having (or appearing to have) COVID-19, is prohibited under the Code except where the duty bearer can justify such treatment (for example, to prohibit or diminish the transmission of the virus).

Commissioner Govender also asserted that in addition to the BC Human Rights Code protecting people with the virus from being discriminated against, it also protects people from being discriminated against based on the ethnicity, place of origin, race, colour, or ancestry. This means employers, landlords, and service providers “cannot discriminate against someone on the basis of whether a person comes from (or appears to come from) a COVID-19 hotspot such as Italy or China.”

Additionally, she stated, discrimination based on family status is protected. This means that with the closure of daycares and schools, duty bearers must accommodate parents so that they can ensure their children are cared for.

According to Commissioner Govender, employers have a number of duties in the midst of COVID-19. They cannot make discipline or firing decisions based on someone having (or exhibiting symptoms of) COVID-19 (although they can lay employees off if there is not enough work for the as a result of the impacts of COVID-19). They must accommodate employees that may have COVID-19, or are particularly vulerable to COVID-19 (for example if they are elderly or immunocompromised) by providing flexible arrangements, such as working from home.

Commissioner Govender also presented a survey for citizens to complete in order to assist her with carrying out her duties and advocate for people facing discrimination during the pandemic. The survey asks about how your human rights are being impacted during COVID-19 and you are encouraged to fill it out.

Human Rights Tribunal Agrees to Hear Complaint from Stay at Home Mom that BC Speculation Tax Sets Women Back Many Decades

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In a news article published by CBC, Victoria BC Complainant Melany Startek alleges that BC’s speculation and vacancy tax discriminates against stay at home parents (who are most often women) because her contributions of raising a family, volunteering, and community involvement are not considered in the assessment regarding implementation of the tax.

Since those aspects of her life are not considered, and her husband works in the US, she is considered a “satellite” of her husband and an “untaxed worldwide earner” in a “vacant” home. To the contrary, Ms. Startek is a BC resident. She lives in her home full time raising her children and is not a “speculator.” If the work that she does at home were valued, she would not be considered someone who makes less than 50% of the household income and this wouldn’t be the case. Instead, she’s been hit with a $13,250 tax bill for 2019.

The tax was designed to target foreign speculators who leave properties empty while they live and pay taxes abroad.

Startek’s lawyer told CBC that the tax has made certain family the scapegoats of BC and that if the Human Rights complaint is successful, it could open up the government to a realm of human rights complaints.