Alberta Human Rights Act Explained: Your Workplace Rights

The Alberta Human Rights Act is designed to protect employees from discrimination and ensure everyone receives equal treatment in the workplace. Understanding your protections under this Act is key to identifying and addressing unfair treatment at work. This guide will explain its key protections, outline how to file a complaint, and discuss what recent cases mean for Alberta workers.

What Is the Alberta Human Rights Act?

Purpose and Scope

The Alberta Human Rights Act is an important piece of legislation that protects individuals from discrimination in certain aspects of life, including employment.

Application in the Workplace

The protections outlined in this legislation apply broadly across the workplace for both public and private sector employers throughout Alberta. This includes every stage of employment, from the initial hiring process to termination, as well as promotions and general working conditions.

Protected Grounds Under the Act

Categories of Protection

The law specifically identifies various personal characteristics that cannot be used as a basis for discrimination. These “protected grounds” include:

• Race
• Religious beliefs
• Colour
• Gender 
• Gender identity
• Gender expression
• Physical disability
• Mental disability
• Age
• Ancestry
• Place of origin
• Marital status
• Source of income
• Family status
• Sexual orientation

What Counts as Discrimination?

Discrimination can take many forms. It includes both direct and indirect actions that result in unequal treatment based on one of the protected grounds. For example:

• Direct discrimination happens when a rule, policy, or decision overtly treats someone differently because of a protected ground.
• Indirect discrimination occurs when a seemingly neutral rule or policy has an unfair impact on a group of people who share a protected characteristic.

Specific types of conduct, including harassment, may also constitute discrimination where it is related to unwelcome conduct that demeans or causes distress and is related to a protected ground. 

Systemic discrimination, which refers to patterns of behaviour or policies within an organization that result in widespread disadvantage for certain groups, is also covered.

Filing a Human Rights Complaint in Alberta

Who Can File and When

Anyone who believes they have been discriminated against based on a protected ground can file a complaint with the Alberta Human Rights Commission. It is very important to note the time limit: a formal submission must be filed within one year of the alleged discriminatory incident. If the discrimination is ongoing, the one-year period may start from the last incident.

Complaint Process Overview

The process generally involves several steps:

• Submission: You begin by submitting a formal complaint to the Commission.
• Review: They review your submission to ensure it falls within the scope of the legislation.
• Mediation: Often, they will offer mediation, a voluntary process where a neutral third party helps both sides try to reach a resolution.
• Investigation and Tribunal Hearing (if necessary): If mediation is unsuccessful, the case may be further investigated and could proceed to a Human Rights Tribunal hearing, where evidence is presented, and a decision is made.

What You Need to Prepare

To strengthen your claim, it’s beneficial to gather as much relevant information as possible. This may include:

• Documented incidents: Keep a detailed record of what happened, including dates, times, locations, and a description of the discriminatory behaviour.
• Correspondence: Save any emails, texts, letters, or other communications related to the incident.
• Employment details: Have your employment contract, job description, performance reviews, and any other relevant work-related documents ready.
• Witness information: If there were any witnesses to the incidents, their contact information and statements can be helpful.

Recent Alberta Human Rights Cases

Key Rulings and Trends

While each case is unique, a couple trends emerge from recent human rights rulings:

• Heightened Importance of Accommodation: Decisions often emphasize the employer’s duty to accommodate an employee’s needs related to protected grounds (such as disability or religious beliefs) to the point of “undue hardship.” This means employers must make reasonable efforts to adjust working conditions or roles to allow an employee to perform their job, unless doing so would cause extreme difficulty or expense for the business.
  • Recent case: Dana Tartal v. Starbucks Coffee Canada 2022
• Increased Scrutiny of Termination Timing: The timing of a termination, especially in relation to an employee’s medical leave or a human rights-related request, can lead to an inference of discrimination. Employers must ensure their reasons for termination are clearly documented and unrelated to any protected ground.
  • Recent case: Wegner v University of Alberta, 2024 AHRC 36

What Workers Should Know

Understanding Your Protections

Being aware of the protected grounds and what constitutes discrimination under Alberta’s legislation empowers you to recognize and address unfair treatment.

The Power of Documentation

Maintaining thorough records of incidents, communications, and employment details is invaluable. Strong documentation can significantly strengthen a case and provide clarity on what transpired.

Workplace Standards Are Evolving 

Rulings continuously refine and raise the bar for acceptable workplace conduct and employer obligations. These decisions help create more inclusive and equitable environments for all.

How Cashion Legal Can Help

Legal Support for Human Rights Complaints

If you believe you have experienced discrimination, understanding your options is the first step. We offer consultation and case assessment services to carefully review your situation, listen to your story, and assess the details of the alleged discrimination. This helps determine whether your experience falls within the protections of Alberta’s legislation.

Based on our assessment, we will provide clear, practical advice on whether a formal complaint with the Alberta Human Rights Commission, or another legal claim, is the most appropriate path forward for your unique circumstances.

Navigating Complex Workplace Discrimination Cases

Taking action on these cases can be an intricate process. We are here to help you effectively navigate it by:

• Helping you understand each stage of the process, from preparing your initial submission to responding to requests from the Commission. 
• Ensuring all necessary documentation is in order and deadlines are met.
• Representing you at mediation, if necessary, to help facilitate a resolution. 
• Advocating on your behalf if your case moves to a Tribunal hearing.
• Presenting your case and evidence to strive for a strategic outcome.

Why Legal Advice Matters

Experiencing workplace discrimination can be a deeply unsettling ordeal. When you’re facing such a challenge, knowing how to proceed and having the right support can make all the difference.

Clarity – Understanding Your Rights

We clarify complex legal details, explaining your specific rights and options in plain language so you can make informed decisions about your situation.

Peace of Mind – Know You’re Not Alone

With experienced Alberta employment lawyers by your side, you gain peace of mind, knowing your case is handled with care and that you have dedicated support to address unfair treatment.

Strategy – Building a Strong Case

We develop a clear, customized strategy for your complaint or related claim, ensuring every step helps build a strong case to address discrimination and get your career back on track.

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