Information For People Working in Non-Union Employment in B.C.

Employees in B.C. are reporting an increase in antisemitic incidents since October 7th, 2023. This information page is for employees who have faced antisemitism and who are not union members. For those employees who are members of a union, please see the separate information page at https://www.jewishvancouver.com/bc-unionized-employees.

The information provided here is not intended to be nor does it constitute legal advice. Instead, this information is meant to help you navigate the situation you may find yourself in and to know when you need to reach out for more assistance.

If you think you need confidential legal advice, contact the Antisemitism Legal Helpline: alh@accessprobono.ca.

If you need general assistance, please contact AICRT – the Antisemitism and Israel Crisis Response Team created by the Jewish Federation of Greater Vancouver. To reach AICRT, email aicrt@jewishvancouver.com. They will direct you to other community resources that may be available, including the Centre for Israel and Jewish Affairs (CIJA).

What should I do if I experience an antisemitic comment or antisemitic conduct in the workplace?

As a starting point, you will find it important to document everything you are experiencing by taking copious notes, taking screenshots, and keeping files or emails that are sent to you. Keep a record of everything.    

• Start by documenting everything you are experiencing, including writing down what happened as soon as possible, keeping a timeline of events and taking screenshots. Also, take note of the names of anyone who witnessed the problematic comments or conduct.

• Your next steps will depend on who your employer is and their workplace policies.  If in doubt, start by speaking to your human resources department.

• Antisemitism is a form of harassment, and you have a right to make a harassment complaint and for the complaint to be taken seriously and investigated.
   
  • Your employer is likely provincially regulated. However, if you work in certain sectors like banking or aeronautics, your employment is governed by federal law, not provincial law. 
     
  • Provincially-regulated employers are obligated to have a bullying and harassment policy and procedures and to follow that policy when someone makes a complaint. It is important to review your employer’s harassment policy and procedures before making your written complaint.
     
  • Federally-regulated employers are mandated to accept harassment and discrimination complaints under a separate process, which can require an independent third-party investigation.

What if the antisemitic comment or conduct is by my superior?
 

• Speak with your human resources department for advice on how to manage conduct from a superior. This may also be covered in your employer’s bullying and harassment policy and procedures.

What are my employer’s obligations once they receive my complaint?

• Employers must take all complaints seriously and most will have a team dedicated to inappropriate conduct or harassment in the workplace, typically within the human resources department.

• Depending on the nature of the complaint, employers should investigate complaints. This should include speaking with you and any other witnesses you have identified.

• You can ask for accommodation in the investigation process. This can include bringing a support person to your meetings, or asking for an investigator who has received specific training in antisemitism.

• If your employer makes a decision following your complaint, you are entitled to know the outcome of your complaint, as well as the steps taken to keep you safe. You may not be entitled to see the details of the investigation, or to know what has happened to the perpetrator.

• If an employer refuses to investigate your complaint, fails to follow its own policies, or fails to provide you with the minimum information required at the end of the complaint, you can make a complaint to WorkSafeBC: https://blhr.online.worksafebc.com/default.  

• If you are not getting the support you need from WorkSafeBC and/or your employer, please send an email to aicrt@jewishvancouver.com.

What steps should I take if I am disciplined or terminated from my job because of my support for Israel?

• You may be able to file a human rights complaint against your employer. If you would like confidential legal advice on possibly pursuing this further, contact the Antisemitism Legal Helpline: alh@accessprobono.ca.

• Remember that there is a one-year deadline from the date of discrimination to file a human rights complaint.

• You may be able to file a wrongful dismissal lawsuit against your employer. The deadline for doing so is two years from the date of termination.

What can I do if I learn about antisemitic comment or conduct by a coworker outside of the workplace?

• Very little can be done about a private post unless it contains defamatory or criminal content. If the post is public and if the employee identifies as being an employee of the organization, they could possibly be the subject of discipline for off-duty conduct. Take screenshots and contact human resources.