What is Considered a Human Rights Violation in the Workplace?

Employers in Alberta must adhere to human rights laws as well as employment laws.

Under the Human Rights Act, Albertans are protected from discrimination and given equal opportunity to earn a living, find a home, and receive public services.

If you experience discrimination from your employer or are treated differently from other employees based on any of the above criteria, it may be classed as a human rights violation.

Employers also have a responsibility to ensure that their workers do not experience or participate in harassment or violence in the workplace.

If you are discriminated against, harassed or experience violence in the workplace, steps can be taken to remedy the situation…

What are the rights of employees in Alberta?

Employees are protected from discrimination on any of the above-mentioned grounds in employment applications, employment practices, membership in trade unions /other employee organizations or occupational associations, as well as other areas.

Some typical examples of how this protects employees include:

• Protection from being fired from your job if you have a physical disability that prevents you from performing part of your job; the employer has a “duty to accommodate” the disability.
• The right to wear a hijab at work based on religious belief, as well as an equal work opportunity even if you are unavailable at times due to reasonable attendance at religious services.
• When an organization is hiring or promoting individuals from within, people of all races, genders, ages, sexual orientations, etc., should have equal opportunity.
• Protection from discrimination during pregnancy, such as having one’s hours cut or pay reduced.
• The right to receive equal pay regardless of race, gender, age, etc. when performing similar roles in the organization.

Can my employer yell at me in the workplace?

Employees in Alberta receive certain protections under the occupational health and safety (OHS) laws, as well as the Alberta Human Rights Act.

If your employer yells at you and includes threatening or aggressive words or physical assault, it may well be classed as harassment or violence (a violation of your human rights).

There is some crossover between the Human Rights Act and OHS, as both afford protection from unacceptable behaviour from employers in the workplace.

An employee who is left with no other realistic option but to quit the position because of persistent bullying or harassment by an employer may be able to file a claim for constructive dismissal against the employer.

Union members may also have other legal options available to them (through the union representative) that non-unionized employees don’t have.

Can my boss pressure me into doing something unsafe in the workplace? 

If a particular task puts you in a position that you consider unsafe or places a colleague in such a position, you have the right to refuse to do the work without fear of reprisals.

However, if you refuse to do work based on the Occupational Health and Safety guidelines, you should immediately tell your employer or supervisor what you’re refusing to do and why. Your employer will then be responsible for paying you as if you were working, investigating your concern and attempting to remove the danger.

Your employer can assign you other reasonable work, but if the workplace danger persists, you can file a complaint with OHS.

How do I bring a human rights claim against my employer in Alberta?

Human rights complaints are processed by the Government of Alberta’s Human Rights Commission (AHRC) through both tribunal and court hearings.

If necessary, a dedicated employment lawyer can help you assess your complaint, advise you of your legal options and file and follow up on a complaint.

Complaints handled by the Human Rights Commission must be reasonably based upon the belief that the complainant has suffered harassment or discrimination on the grounds protected under the Act.

Before you make a complaint, it’s important to understand a few ground rules with complaints heard by the Commission:

• The complaint must be made within one year of the alleged incident of discrimination (starting from the day after the date on which it occurred).
• The alleged incident of discrimination must have occurred in Alberta or with an Alberta employer (certain workplaces are governed by federal law as opposed to provincial law).

Note that the Commission will only process complaints against the protected grounds detailed above. You might still have the right to take action against other unfair treatment by your employer, but you may need to discuss this first with an employment lawyer.

An employment lawyer can also help you understand more about your situation if your employer made you sign a “release” as part of a severance agreement when you were terminated. This could impact your claim against your employer, and the Commission will need to be notified about this when the complaint is submitted.

Making a complaint to the Human Rights Commission

You can make a complaint to the Human Rights Commission by completing the relevant complaint form.

Once submitted, the AHRC will contact you, and the Director of the Commission and his/her staff members can investigate the claim. The person or organization against whom the complaint is made can respond to the allegations.

During the complaint resolution process, complainants and respondents are encouraged to resolve the dispute fairly and in line with the Act.

If your complaint is not accepted as a valid one, you may appeal the decision and ask for it to be reviewed.

Civil action may also be an option if your employer has discriminated against you, but this may impact any complaint you make to the Human Rights Commission.

An employment lawyer from Taylor Janis LLP in Alberta can advise you of your legal rights and options with human rights violations in the workplace during a confidential telephone or video consultation.

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