BC Human Rights Tribunal Links Domestic Violence to Sex, Gender, and Marital Status in Interim Decision

The BC Human Rights Tribunal has issued a powerful interim decision recognizing the connection between domestic violence and protected grounds under the BC Human Rights Code. In The Worker v Translink Security Management Ltd (2025 BCHRT 122), the Tribunal found there is a logical connection between domestic violence and the grounds of sex, gender, and marital status—a significant step in the evolving conversation about workplace discrimination and intimate partner violence.

This is only the second case in Canada to examine the intersection of domestic violence and workplace discrimination. The first, KL v Canada Post, is still in preliminary motions before the Canadian Human Rights Tribunal (CHRT) (my latest update here).

While The Worker decision is interim—it merely denies the employer’s application to dismiss for “no reasonable prospect of success”—it has important implications for both employers and employees.

Case Overview: The Worker v Translink Security Management Ltd

The complainant alleges that her employer discriminated against her on multiple grounds—sex, gender, marital status, mental disability, and physical disability—when they demoted her for failing to obtain a driver’s licence. She argues the timeline set for this requirement failed to account for her participation in legal proceedings related to an abusive relationship, as well as mental health challenges and a concussion she was recovering from.

The Tribunal’s interim ruling allows her complaint to proceed to a full hearing. More importantly, it clarifies that domestic violence survivorship may fall within the protections of the Human Rights Code, depending on the facts.

Why This Decision Matters

1. Recognition of Domestic Violence as a Human Rights Issue

The Tribunal rejected the employer’s argument that domestic violence survivorship isn’t protected under the Code. This leaves the door open for a full hearing to examine whether abuse survivors can claim discrimination under sex, gender, marital status, and/or disability. The CHRT is grappling with a similar question in KL.

2. High-Risk Contexts Matter

The worker’s circumstances highlight known high-risk factors for lethal violence:

• Her ex-partner was an RCMP officer with firearm access.

• He had previously strangled and stalked her.

• They were recently separated, and he lost his job after she testified against him.

Domestic Violence Death Review Committees across Canada repeatedly identify these factors as indicators of extreme danger. The worker’s decision to leave the relationship was not only courageous—it carried significant risk.

3. Employer Support Can Be Life-Saving

The complainant noted that a supportive supervisor gave her “the support she needed” to navigate this dangerous time. This underscores a critical reality: employers play a key role in supporting employees experiencing abuse, whether through accommodations, safety planning, or flexibility around work requirements.

4. Duty to Inquire and Intersectionality

The Tribunal confirmed that employers must consider intersectional impacts—in this case, sex, gender, marital status, and disability—before taking adverse action. A failure to inquire into how these factors intersect with an employee’s circumstances may amount to discrimination.

What Employers Should Take Away

Even though this is an interim decision, it sends a clear message:

• Domestic violence is not a purely “personal” issue—it can engage human rights protections at work.

• Employers should build domestic violence considerations into policies on accommodation, leave, and discipline.

• Employers may have a duty to inquire about the intersectional impact of an employee's sex, gender, marital status, mental disability, and physical disability on their ability to fulfill workplace requirements before taking adverse action against the employee.

• Being proactive about safety and accommodations can reduce legal risk and protect employee well-being.

Supporting Inclusive and Legally Compliant Workplaces

I help employers design workplace policies that meet human rights obligations while reflecting best practices in gender equity and trauma-informed support. As more cases like The Worker and KL develop, now is the time for organizations to review how they address domestic violence, harassment, and accommodation in their policies and training.

Need support in updating your workplace policies or training to address domestic violence and other equity-related obligations? Contact me to learn how I can help.