Top 3 Videos Explaining Human Rights Law in Alberta

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S2 E13: What Kinds of Cases Do Human Rights Lawyers Handle?

At Bow River Law LLP, a Calgary-based employment law firm, our legal team frequently handles cases involving human rights violations in the workplace and beyond. Human rights law focuses on protecting individuals from discrimination and ensuring equal treatment under the law. In Alberta, the Alberta Human Rights Act serves as the cornerstone legislation defining these protections, listing specific protected grounds under which individuals cannot be treated unfairly.

Understanding Protected Grounds Under Alberta Human Rights Law

The Alberta Human Rights Act prohibits discrimination based on characteristics such as:

• Race or ethnicity
• Gender and gender identity
• Age
• Religion
• Disability (physical or mental)
• Sexual orientation

These protected grounds apply across several areas, including employment, access to public services, and housing.

Common Cases Handled by Human Rights Lawyers in Alberta

1. Employment Discrimination Cases

One of the most common types of cases human rights lawyers handle involves discrimination in the workplace. This can occur during hiring, in decisions about salary or promotions, or through wrongful termination based on one of the protected grounds. Employees who believe they were treated unfairly because of their race, gender, disability, or other protected characteristic may have grounds for a human rights complaint.

2. Denial of Access to Public Services

Human rights lawyers also represent individuals who have been denied access to public services such as healthcare, education, or services offered by businesses. Denial of service based on any protected characteristic is prohibited under Alberta law.

3. Failure to Accommodate Disabilities

Another significant area of human rights law involves accommodation for disabilities. Employers, educational institutions, and service providers have a legal duty to accommodate individuals with disabilities to the point of undue hardship. Cases often arise when individuals are denied reasonable accommodations needed to perform their job or access services.

The Role of Human Rights Lawyers in Alberta

Human rights lawyers in Calgary and across Alberta play a vital role in ensuring fairness and equality under the law. Whether addressing workplace discrimination, denial of public services, or failure to accommodate disabilities, these lawyers advocate for individuals whose rights have been violated under the Alberta Human Rights Act.

For anyone who has experienced adverse treatment based on protected grounds, seeking legal advice is crucial. Consulting with a knowledgeable employment and human rights lawyer can help individuals understand their legal options and pursue appropriate remedies.

S1 E16: Can I Fire a Pregnant Employee?

Employers in Alberta frequently ask whether they can legally terminate an employee who is pregnant. According to Michael Hernandez, an employment lawyer here at Bow River Law LLP in Calgary, the short answer is no, unless the termination is entirely unrelated to the employee’s pregnancy.

Legal Protections for Pregnant Employees Under the Alberta Human Rights Act

The Alberta Human Rights Act protects employees from discrimination based on gender, which explicitly includes pregnancy. Terminating an employee because they are pregnant is considered discriminatory and can result in serious legal consequences for the employer.

Are There Any Exceptions?

While pregnancy itself cannot be the basis for termination, employers are still allowed to terminate employees for legitimate business reasons—as long as those reasons are unrelated to the pregnancy. For example, if a company is downsizing, closing, or eliminating an employee’s position for financial or operational reasons, termination may be legally justified.

However, employers must ensure the termination decision is carefully documented to demonstrate that pregnancy was not a factor.

Best Practices for Alberta Employers

To avoid human rights complaints, employers should always consult with an employment lawyer before making any termination decisions involving pregnant employees. Legal counsel can help ensure that the process is fair, non-discriminatory, and compliant with the Alberta Human Rights Act.

Employers should also consider implementing clear workplace policies related to pregnancy leave, accommodation, and return-to-work processes to foster a discrimination-free work environment.

For further guidance, our team encourages Alberta employers to seek legal advice before taking action to protect both their business and employee rights.

S1 E9: If I have a physical disability and there is a job that I can’t do, can my employer fire me?

Employees with physical disabilities often wonder if their employer can legally terminate their employment if their disability prevents them from performing some job duties. According to Michael Hernandez, an employment lawyer at Bow River Law, this is a complex area of employment and human rights law.

Disability Protections Under the Alberta Human Rights Act

The Alberta Human Rights Act protects individuals from discrimination based on physical and mental disabilities. Employers are legally required to provide reasonable accommodation to employees with disabilities to help them perform their job duties.

Reasonable accommodation could include:

• Modifying work duties
• Adjusting work hours
• Providing assistive devices or technology
• Modifying workstations or physical workspaces

Can Termination Ever Be Justified?

Employers do retain the general right to terminate employment at any time—but not for discriminatory reasons. If an employee’s disability prevents them from performing essential job duties, and the employer has already explored all reasonable accommodation options without success, termination may be justified.

However, this is a high legal bar to meet, and employers must demonstrate that accommodating the employee would cause undue hardship for the business.

Employee Responsibilities and Best Practices

Employees with disabilities should communicate openly with their employer about their condition and their accommodation needs. Proactively requesting accommodation helps both parties find workable solutions and reduces the risk of misunderstanding.

If a dispute arises over accommodation or termination, seeking legal advice from an experienced employment lawyer can help employees understand their rights and legal options under Alberta law.

In Summary

Understanding Human Rights Law in Alberta Workplaces

Human rights law plays a critical role in protecting employees from discrimination in Alberta workplaces. From ensuring pregnant employees are treated fairly, to protecting employees with disabilities, and addressing workplace discrimination based on protected grounds, the Alberta Human Rights Act sets clear guidelines employers must follow. These laws safeguard employees’ right to equal treatment while helping employers understand their legal obligations when making decisions about hiring, firing, and accommodations.

For both employees facing discrimination and employers wanting to ensure compliance, legal advice from an experienced employment lawyer is essential.

For a deeper dive, read our Guide to Human Rights Law and Workplace Discrimination in Alberta, which offers a comprehensive overview of this topic.

If you have questions about human rights protections, workplace discrimination, or employee rights in Alberta, contact Bow River Law LLP today to schedule a consultation. Our Calgary-based employment law team can help you understand your rights, your obligations, and your legal options.