Overcoming Employment Discrimination:  A Guide for Canadian Workers

Employment discrimination refers to unfair treatment based on characteristics like race, gender, age, disability, sexual orientation, or religion. This can negatively impact employees’ well-being and workplace productivity.

In Alberta, workplace discrimination is prohibited under federal and provincial laws. This guide covers how to recognize it, understand your rights, and take legal action to address these issues.

What is Employment Discrimination?

Employment discrimination occurs when an employee or job applicant is treated unfairly or unequally based on certain characteristics, known as “protected grounds.” These grounds are outlined by Alberta law to ensure that all individuals have equal access to employment opportunities, free from bias or prejudice.

Protected Grounds Under Alberta Law

The following characteristics are considered protected grounds under Alberta law:

• Race
• Gender
• Age
• Disability
• Religion
• Sexual Orientation
• Marital Status
• Family Status
• National or Ethnic Origin
• Gender Identity
• Ancestry

It is important to note that while discrimination based on these factors is prohibited in Alberta.

Direct vs. Indirect Discrimination

Discrimination can occur in two forms:

Direct Discrimination

This happens when an individual is overtly treated less favourably or denied opportunities based on a protected characteristic.

Indirect Discrimination

This occurs when a policy or practice appears neutral but disproportionately affects certain groups of people.

Both forms are illegal, and employees have the right to seek recourse if they believe they have been treated unfairly due to any of the protected grounds.

Recognizing Signs of Employment Discrimination

Employment discrimination can often be subtle, but there are certain signs that may indicate it’s happening in the workplace. Employees should be aware of these key categories of discriminatory behaviour, as they could signal that their rights are being violated. Here are some common signs to watch for:

1. Unfair Hiring or Advancement Practices

This is evident when qualified candidates are overlooked for positions, promotions, or professional development opportunities based on characteristics unrelated to job performance.

• Example: A qualified candidate is passed over for promotion in favor of less qualified individuals from a specific demographic group.

2. Unequal Pay or Benefits

This occurs when employees with the same job, qualifications, and experience receive unequal pay or benefits due to personal characteristics.

• Example: An employee of one gender is denied parental leave or receives a lower salary for the same role as a colleague of another gender.

3. Harassment or Hostile Work Environment

A clear sign is when harassment or mistreatment occurs based on protected characteristics such as race, gender, or disability, which creates a hostile work environment.

• Example: An employee is subjected to derogatory comments about their religion or sexual orientation.

4. Exclusion or Retaliation

Exclusion from team meetings or retaliation such as being demoted or ostracized following a complaint can be seen as discriminatory behaviour.

• Example: An employee who reports harassment is excluded from key projects or social events.

5. Discriminatory Policies or Practices

Workplace policies that disproportionately affect certain groups without legitimate business reasons can be discriminatory.

• Example: A dress code that prohibits religious head coverings without a valid business justification, or a policy that requires employees to work on religious holidays without accommodation.

By being aware of these warning signs, employees can better identify when they may be facing discrimination and take appropriate steps to address the situation.

Legal Framework Against Discrimination in Alberta

In Alberta, comprehensive legal protections exist for employees. Both federal and provincial laws work together to promote fairness and equal opportunity for all individuals, regardless of race, gender, disability, age, or other protected characteristics.

Canadian Laws Protecting Employees from Discrimination

1. Canadian Human Rights Act

The Canadian Human Rights Act prohibits workplace discrimination based on grounds like race, sex, disability, and age. It applies to federal employees and federally regulated industries.

2. Employment Equity Act

The Employment Equity Act promotes workplace equality for groups historically facing prejudice, including women, Indigenous peoples, persons with disabilities, and visible minorities. Federal employers must ensure equal opportunities in hiring, promotion, and employment practices.

3. Provincial Human Rights Codes

The Alberta Human Rights Act, prohibits discrimination in areas like employment, housing, and public services.It applies to provincially regulated industries.

Employee Rights Under These Laws

Employees have several key rights under human rights laws:

Right to Equal Treatment

Employees must be treated fairly, without bias based on race, gender, disability, or other protected characteristics.

Right to File a Complaint

Employees can file complaints with the relevant human rights commission if they believe they’ve been discriminated against.

Protection Against Retaliation

Employees are protected from retaliation for filing complaints or asserting their rights under these laws.

Employer Obligations to Prevent Discrimination

Employers are legally required to provide a workplace free from discriminatory behaviour and foster an inclusive environment by fulfilling the following responsibilities:

Ensure Fair Employment Practices

Hiring, promotion, and other employment decisions must be based on qualifications, not personal characteristics or biases.

Address Complaints Promptly

Employers must investigate and resolve complaints of discriminatory behaviour in a timely manner.

Provide Reasonable Accommodations

Employers must accommodate employees’ needs, such as for disabilities or religious practices, without undue hardship.

Implement Clear Policies

Employers should have clear, written policies in place to prevent discrimination and promote fairness. These policies should include:

• Non-Discrimination Policy: Prohibits all forms of discrimination (e.g., race, gender, disability) in the workplace.
• Equal Opportunity Policy: Ensures fairness in hiring, training, promotions, and terminations, promoting equal treatment for all employees.
• Complaint Procedure Policy: Provides a clear, confidential process for reporting discrimination and outlines how complaints will be addressed promptly.
• Respectful Workplace Policy: Establishes guidelines to promote respectful behaviour and prevent discriminatory or harassing actions.

By meeting these obligations, employers create a solid foundation for maintaining a fair, inclusive workplace.

Common Misconceptions About Employment Discrimination

There are several misconceptions that can lead to confusion or even the denial of rights. Here, we address some common myths and the truths behind them.

Myth: Only obvious discrimination is illegal

Truth: Subtle or indirect forms of discrimination are also illegal. It doesn’t have to be overt or blatant to be unlawful. Practices such as biased decision-making, microaggressions, or policies that unintentionally disadvantage certain groups are also prohibited under Alberta law.

Myth: Employers can refuse accommodations if they’re inconvenient

Truth: Employers have a legal duty to accommodate employees to the point of undue hardship. If an employee requires an accommodation due to a disability, religion, or other protected characteristic, the employer must make reasonable adjustments unless doing so would cause significant difficulty or expense to the business.

Myth: If you experience discrimination, you should just quit

Truth: Quitting your job could limit your legal rights. If you experience discrimination, you have legal protections, and quitting may limit your ability to file a claim or seek remedies. It’s important to report the issue and seek legal advice before making any decisions about resigning.

How to Report and Combat Employment Discrimination

If you’re facing discrimination at work, taking the right steps is crucial for protecting your rights.

Internal Complaints: Reporting to HR or Management

Review Company Policies

Familiarize yourself with your employer’s internal procedures for reporting discriminatory treatment. This might be outlined in the employee handbook or workplace policies.

Document the Discriminatory Incident

Before filing a complaint, gather and document all relevant information, which can serve as evidence for your complaint. Record the date, time, location, individuals involved, and a description of the discriminatory incident. Include any supporting evidence, such as emails, messages, or performance reviews.

Report to HR or Management

Follow your employer’s reporting procedure, which usually involves submitting a written complaint to Human Resources (HR) or your manager. Be clear and specific in your complaint, outlining the incident and attaching any supporting evidence.

Follow Up if Necessary

If you don’t receive a response or the issue is not addressed, follow up with HR or management in writing and keep a record of your communications.

If the situation isn’t resolved, consider escalating the issue by filing a complaint with a Human Rights Commission or seeking legal advice.

Filing a Complaint with a Human Rights Commission

The first step in filing a complaint with a Human Rights Commission is to determine whether the complaint is at the federal or provincial level.

If the discrimination occurred in a federally regulated workplace (e.g., employees working for the federal government, banks, airlines, or telecommunications companies), you should file your complaint with the Canadian Human Rights Commission (CHRC).

If the discrimination occurred in a provincial or territorial regulated workplace (e.g., most private companies, provincial government departments, healthcare, education), you should file your complaint with the provincial or territorial Human Rights Commission. For example, in Alberta, you would file with the Alberta Human Rights Commission.

If you’re unsure, the Alberta Human Rights Commission has created a Self Assessment Tool to help you determine which commission is appropriate for your situation.

Both federal and provincial complaint processes will require you to provide details and include all supporting documentation. The complaint is then reviewed by the commission, which then advises on next steps.

When to Consult an Employment Lawyer

If internal complaints aren’t resolved, or you face retaliation after filing a report, consulting a lawyer can help you navigate your next steps. A lawyer can assist in understanding your rights, exploring legal options, and guiding you through the process of filing complaints or pursuing legal action.

Why Choose Cashion Legal?

With a proven track record of success in workplace discrimination cases, we secure fair treatment for employees. Our personalized legal strategies are tailored to your unique situation, offering full-service support from documentation to settlement negotiations. We handle all employer communications, ensuring your interests are protected, and offer no-obligation consultations with clear, upfront legal advice.

You don’t have to navigate discrimination in the workplace alone.

Contact us to book a consultation.  

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