Human Rights

Human Rights legal services in Alberta by Bow River Law LLP.

Human Rights in Alberta means the right to be free from discrimination on the basis of certain protected grounds. The protected human rights grounds include race, religious beliefs, skin colour, gender, gender identity, gender expression, pregnancy, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status and sexual orientation.

Human Rights Services

Learn about Human Rights Protections in Alberta from trusted Calgary lawyers.

Human Rights Protections

People in Alberta have human rights.  

It is a violation of human rights in Alberta to put up signs that indicate discrimination or an intention to discriminate on a human rights ground.  There are exceptions for freedom of expression or opinion, political and religious beliefs.  It is a violation of human rights in Alberta to deny goods, services, accommodation or facilities customarily available to the public because of a human rights ground.  It is also a human rights violation for landlords to discriminate in tenancy because of a human rights ground.  

However, the majority of human rights complaints in Alberta arise in employment, under Section 7 of the Alberta Human Rights Act

It is a violation of human rights in Alberta for an employer to refuse to employ or continue to employ someone because of a human rights ground.  It is also a human rights violation for an employer to discriminate against an employee generally or fail to accommodate an employee’s human rights to the point of undue hardship.

Human Rights Complaints

Most employees in Alberta can make human rights complaints of discrimination under the Alberta Human Rights Act.  These complaints are decided by the Alberta Human Rights Commission and its Tribunal.

Employees working for federally regulated employers are often required to make human rights complaints under the Canadian Human Rights Act.

Unionized employees are often required to file human rights complaints as grievances through their union under their collective agreement.  Alberta Labour Relations Board arbitrators generally have jurisdiction to hear human rights cases in the unionized context.

In most cases, a human rights complaint must be made within 1 year of the human rights being violated.  In unionized workplaces, the timeline could be shorter.

Human rights matters are deeply personal, and often times they can involve other workplace issues such as wrongful dismissal or constructive dismissal. Our lawyers want to hear your story and fight for you. Let us help you.

An employee with a human rights complaint in the workplace consulting a Calgary employment lawyer.

Cautionary Notes

  • Alberta employers will sometimes impose discipline or termination of employment on employees for reasons connected to their protected human rights grounds (i.e. disability, pregnancy, etc.).  Employers are often not allowed to discipline or terminate employment for reasons connected to human rights, but it is complicated so it’s important to seek legal advice.
  • Under the Alberta Human Rights Act, an individual has one (1) year from the date of an act of discrimination to file a human rights complaint with the Alberta Human Rights Commission. This is a strict deadline, and it is not negotiable. If you are an Alberta employee who believes that you may have been discriminated against in the workplace, it is very important that you seek legal advice as soon as possible, as waiting too long could jeopardize your ability to make a complaint.

All of Bow River Law’s lawyers are human rights and discrimination lawyers

Caution advised by employment lawyers at Bow River Law in Calgary, Alberta.

Human Rights FAQ

I have a physical disability, and there is a part of my job I can’t do. Can my employer fire me?

An employer is required to accommodate a disability. Even if there is a part of your job you can’t do, your employer is probably not allowed to fire you for that. You should speak to an employment lawyer right away to help you handle this.

An employer is required to accommodate a disability.  An allergy would be considered a disability in some cases, and an employer could be required to take measures to improve the air quality in order to accommodate you.

Cancer will often be considered a disability that an employer must accommodate to the point of undue hardship.  Your employer will likely be required to accommodate some absences, but the extent of the obligation will depend on the job and how much impact your absences for appointments have on your workplace.

Praying time and other religious rites are protected under Alberta human rights.  Employers will usually be required to accommodate sincerely held religious beliefs with things like unpaid time for prayer or religious observances.

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