Protected Grounds in Alberta: Rights and Protections

Alberta’s Human Rights Act provides employees in provincially regulated workplaces with protection from unfair treatment based on certain characteristics.

Whether you’re starting a new job, looking for work, or managing a team, having a clear understanding of how protected grounds function in Alberta can make a real difference. These laws aren’t just legal fine print, they influence how hiring decisions are made, how workplace concerns are addressed, and how inclusive environments are created and maintained.

This article breaks down what it means in the context of Alberta’s legislation, how they apply in everyday workplace situations, and why speaking with an employment lawyer can offer valuable clarity and peace of mind as you navigate challenges or make important decisions.

What Are Protected Grounds in Alberta?

In Alberta, the Human Rights Act outlines specific personal characteristics that are protected from discrimination. These legal protections are designed to promote fairness, respect, and dignity in workplaces, housing, and public services.

Legal Definition Under Alberta’s Human Rights Act

The law makes it illegal to treat someone differently or unfairly because of one of these characteristics. Employers, landlords, and service providers are expected to create environments where decisions are based on merit or behaviour, not on identity or beliefs.

By setting out clear expectations for respectful conduct, the Act supports more inclusive communities and provides a pathway for individuals to address discrimination when it occurs.

List of Protected Grounds

Alberta law covers a wide range of characteristics that reflect a person’s identity or lived experience. These include:

• Race and colour
• Gender, gender identity and expression
• Physical disability and mental disability
• Religious beliefs
• Sexual orientation
• Family and marital status
• Age
• Source of income

These categories are applicable across employment, tenancy, and access to services. For example, an employer cannot refuse to hire someone based on their age, or discipline an employee for expressing their gender identity. Similarly, a landlord cannot deny housing based on a person’s income source or family status.

Why Protected Grounds Matter

This isn’t just about following the law, it’s about creating workplaces and communities where everyone feels safe, respected, and valued. It’s also about addressing the biases and inequalities that still affect many people today.

Encouraging Equity in the Workplace

When we respect these rights, we make sure that everyone, regardless of their background and identity, is treated with dignity and given a fair chance to succeed. By ensuring equal access and opportunities for all, we help build a more inclusive environment where everyone can thrive.

Impact on Organizational Culture and Legal Risk

Unfair treatment, whether obvious or subtle, can make people feel unwelcome, damage trust, and erode a sense of safety within teams. 

It also exposes employers to legal risks, including complaints, lawsuits, and reputational damage. More importantly, failing to address these issues means allowing unfair treatment to persist, which can undermine a healthy, productive workplace.

Recognizing Discrimination

Unfair treatment can take many forms in the workplace, both obvious and subtle. Recognizing it early is crucial to addressing the issue and ensuring that all employees are treated fairly.

Direct vs. Indirect Discrimination

Direct discrimination happens when someone is treated unfairly because of a characteristic that is legally protected, such as their race, gender, or disability. For example, if an employee is passed over for a promotion simply because of their gender, or is not hired because of their race, that is a clear case of direct discrimination.

Indirect discrimination is more subtle and occurs when a policy, practice, or rule that seems neutral actually puts certain people at a disadvantage. It doesn’t directly target a specific group, but it has a negative impact on them because of a particular aspect of their identity. For example, a company may require all employees to work long hours, but this policy may disproportionately affect those with caregiving responsibilities (often women), making it an indirect form of discrimination.

Signs Your Rights May Have Been Violated

If you’re experiencing any of the following, it could be a sign that you’re being treated unfairly:

• Being denied a promotion or opportunities for advancement despite having the qualifications and track record to succeed.
• Exclusion from important projects or meetings based on personal characteristics rather than work-related factors.
• Being treated unfairly or disciplined more harshly than others in similar roles.

These are red flags that should not be ignored. It’s important to seek advice and take appropriate action to address the issue.

Navigating Discrimination Claims

If you notice signs of unfair treatment in the workplace, it’s essential to take action to address it. Both employees and employers share responsibility in creating and maintaining a fair, respectful environment where everyone feels safe and valued.

Steps for Employees

• Document incidents: Keep a detailed record of any discriminatory incidents, including dates, times, what happened, and who was involved. This documentation can be crucial if you need to take further action.
  
• Report to HR or the relevant authority: Report the issue to your employer’s HR department or another appropriate authority within the company. This is often the first step in addressing the situation and may lead to an internal investigation.
  
• Seek legal advice: If you’re not satisfied with how the issue is being handled or if the discrimination continues, seeking legal advice from an employment lawyer can help you understand your options for taking further action.
  

Employer Responsibilities

• Investigate complaints seriously: Employers must address discrimination complaints thoroughly and promptly. This means investigating the issue, listening to all parties involved, and taking appropriate action.
  
• Implement anti-discrimination training: Employers should regularly provide training to all employees and managers to raise awareness about discrimination and to promote a respectful and inclusive workplace culture.
  
• Adjust policies to remain compliant: Employers must ensure that their workplace policies and practices align with the law. This includes making necessary adjustments to prevent discrimination and ensure compliance with Alberta’s Human Rights Act.

Creating a Respectful Workplace

Building a workplace where everyone feels respected and valued is essential for both employee well-being and organizational success. Both employers and employees play key roles in creating an inclusive, discrimination-free environment.

Employer Policies and Training

To foster an inclusive workplace, employers should implement clear anti-discrimination policies that reflect the values of fairness and respect. Best practices include:

• Developing and enforcing clear policies that outline what constitutes discrimination and the consequences of violating these policies.
  
• Providing regular training to employees and management on diversity, inclusion, and how to identify and address discrimination.
  
• Creating accessible resources, so employees know how to report discrimination and feel confident that their concerns will be taken seriously.

Encouraging Open Dialogue and Reporting

Creating a culture where employees feel comfortable speaking up is crucial to reducing incidents of discrimination. Leadership plays a significant role in this by:

• Fostering open communication: Encouraging employees to voice concerns without fear of retaliation helps identify potential issues early.
  
• Leading by example: Leaders should demonstrate inclusive behaviour, showing respect for all individuals and setting the tone for the rest of the team.
  
• Acting on feedback: When discrimination concerns are raised, it’s important for employers to act quickly and appropriately, showing that they value all employees’ experiences and perspectives.

Why Work With Us

Having the right support makes all the difference when facing workplace issues. Here’s why partnering with us can help you navigate these challenges with confidence:

Peace of Mind – Support You Can Trust

You don’t have to navigate workplace discrimination alone, our experienced professionals are here to back you up. With our expert legal guidance, you’ll have a trusted partner who will help you understand your options and offer the support you need every step of the way. 

Clarity – Bringing Clarity to the Unknown

The legal process can be complex, especially when dealing with sensitive issues like discrimination. We break down the details in plain language to give you the clarity you need to make informed decisions about your next steps.

Strategy – A Plan Tailored to You

Every situation is unique, and we’re committed to providing a strategy that works for you. Whether you’re an employee seeking to address a discrimination issue or an employer aiming to improve your workplace practices, we’ll develop a tailored plan that aligns with your specific needs and goals.

If you believe you’ve experienced discrimination at work, or want to ensure your policies align with Alberta’s Human Rights Act, contact our Calgary-based legal team today for tailored advice and support.

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