IT’S THE LAW
Human Rights Code explicitly protects transgender persons WITH PRIDE celebrations taking place across the province, summer seems the right time to highlight an important victory for the LGBTQ+ community. Last July, after years of pressure from activists and the BC NDP, the provincial government introduced legislation to make the Human Rights Code more explicit in the protections it affords transgender persons in British Columbia. The Human Rights Code prohibits discrimination against historically disadvantaged groups in employment, housing and services available to the public. For example, discrimination is prohibited on the basis of race, religion, disability, age, family status, sex and sexual orientation. But until last July, there was no mention of gender identity or expression. In 2000, the British Columbia Supreme Court found that transgender persons were still entitled to the Code’s protection under the ground of sex, but this was not widely known. As BC NDP MLA Spencer Chandra Herbert explained when the amendment was discussed in the legislature, “if you talk to somebody who’s transgender or gender variant, many of them would tell you that no, when reading the Human Rights Code, it does not say gender identity. It does not say gender expression.” It’s impossible to enforce a law if you don’t know that the law is there to protect you. By adding the grounds explicitly, an employer, landlord or service-provider reading the Code will know with certainty that transgender people are protected. More than symbolism, this change has the potential to both deter discrimination and empower transgender persons to enforce their right to equality. This change also brings B.C. in line with other jurisdictions across Canada that also explicitly prohibit discrimination on the basis of gender identity or expression. KAITY COOPER
KNOW YOUR RIGHTS
Filing incident reports protects everyone Managers cannot intimidate workers for doing so IF IT ISN’T DOCUMENTED, then it didn’t
happen. That’s why it’s crucial for HEU members to file occupational health and safety incident reports for all workplace injuries. These may include: slips, trips and falls; back strain and other musculoskeletal injuries; exposure to hazardous materials or infectious diseases; needlestick injuries; chemical or mercury spills; entering private homes with poor lighting, broken stairs or rat infestations, and violent incidents. Health care workers – who have one of the highest injury rates in any sector – are often pushed to the limit with crushing workloads, insufficient supplies, and staffing shortages, making it challenging to complete tasks on time or deliver quality services. When workers are rushed, the probability of an “accident” increases – not only does the worker risk getting hurt, but also an injury to a patient, client or resident under their care may occur. Nobody wins in that situation, and managers will not support a worker if an incident occurs while taking a “short cut” to get a job done. By law, all workers have the right to refuse unsafe work. But with mounting workplace pressures, sometimes workers make judgement calls that could jeopardize their safety.
It’s every worker’s right to file a report, and managers cannot intimidate workers for doing so. When an employer receives multiple reports from one work site or one work area, they’ll be able to determine a trend, or recognize safety hazards that need to be urgently addressed – such as repairing equipment or revising staffing levels.
When an employer receives multiple reports from one work site or one work area, they’ll be able to determine a trend, or recognize safety hazards that need to be urgently addressed. Another vital reason for documenting is in the case of soft tissue damage which may occur over an extended period. A cumulative injury is hard to prove if you can’t pinpoint a starting time for symptoms or when an incident happened. Once an incident report is filed, the local health and safety committee will review it, conduct a thorough investigation, and make recommendations. It’s important to follow up with an OH&S steward on the status of a report. For more information, talk to a local OH&S or shop steward. BRENDA WHITEHALL
YOUR UNION service our members have worked so hard to provide, and the economic well-being of the communities in which they work,” says HEU secretary-business manager Jennifer Whiteside.
Get your Pride on! Every summer, HEU takes part in Pride festivities throughout the province. Members, staff, family and friends show their solidarity by marching in parades, and distributing popular union swag – such as Pride fans and bubbles – to celebrate the diversity of our union and salute our LGBTQ+ 4 GUARDIAN | Summer 2017
sisters, brothers and friends. “As a social justice union, it’s important for HEU to participate in Pride events because we care about upholding the human rights of all people, regardless of gender expression or sexual orientation,” says HEU president Victor Elkins. “Pride is a joyous celebration, and also a time to reflect on the radical roots of the LGBTQ+ justice movement, with a proud history of community organizing and resistance.” Check the HEU website for a listing of Pride parades, and follow us on social media to view our photo galleries. And don’t
miss the 2017 Vancouver Queer Film Festival (August 10-20) at various venues around the city. Once again, HEU and the Pink Triangle Standing Committee are proud sponsors of the festival. The union is the screening sponsor for the documentary film The Death & Life of Marsha P. Johnson. A transgender woman of colour, Johnson was an AIDS activist and a trailblazer of the 1969 Stonewall rebellion. In 1992, Johnson’s body was found in the Hudson River. Although ruled a suicide, Academy Award-nominated director David Frances investigates the
mysterious circumstances surrounding Johnson’s death in this poignant film. The Death & Life of Marsha P. Johnson screens at York Theatre on August 18 at 9:30 p.m.
HEU’s fall school Building on the success and popularity of last year’s HEU summer school, the union will host a weeklong, in-residence fall school program (October 15-20) at the Anvil Centre in New Westminster. “Expanding Our Base of Power” is this year’s theme. Through a variety of exercises, practice and tools, members will share