What is a Human Rights Lawyer in Calgary?
A human rights lawyer in Calgary specializes in protecting individuals from discrimination and harassment based on protected grounds under the Alberta Human Rights Act. In the workplace, these lawyers ensure that employers fulfill their duty to accommodate disabilities, religious beliefs, or family status. If your rights are violated, a human rights lawyer navigates the Alberta Human Rights Commission process to secure compensation for lost wages and injury to dignity.
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Protected Grounds for Discrimination in Alberta
In Calgary, you are legally protected from discrimination at work if the negative treatment is related to any of the following personal characteristics:
- Mental and Physical Disability: Including illness, injury, and addictions.
- Gender: Including pregnancy, childbirth, and breastfeeding.
- Gender Identity & Expression: Protecting transgender, non-binary, and gender-diverse individuals.
- Sexual Orientation: Protecting all members of the 2SLGBTQ+ community.
- Race, Colour, and Place of Origin: Including protection against racial profiling and slurs.
- Religious Beliefs: Including the right to take time off for religious holidays.
- Family Status: Including the need to care for a child or an aging parent.
The Duty to Accommodate
Under Alberta law, employers have a legal obligation to adjust your workplace duties or environment to accommodate a protected characteristic, up to the point of undue hardship.
In 2026, this most commonly applies to:
- Mental Health: Accommodating anxiety, depression, or PTSD through modified hours or reduced workloads.
- Medical Leave: Protecting your job while you are on a leave of absence for surgery or long-term illness.
- The Duty to Inquire: If an employer notices your performance dropping, they may have a legal duty to ask if a disability or personal issue is a factor before taking disciplinary action.
Workplace Sexual Harassment
Sexual harassment is a form of gender-based discrimination. If your workplace has become a “poisoned environment” due to unwanted comments, gestures, or physical contact, your employer has a duty to investigate and stop the behavior. A human rights lawyer can help you secure a constructive dismissal settlement if the harassment makes it impossible for you to continue working.
Filing a Human Rights Complaint in Alberta
The process for seeking justice through the Alberta Human Rights Commission involves several stages:
- Intake & Assessment: The Commission reviews your complaint to see if it falls under the Act.
- Conciliation: A neutral mediator helps you and your employer reach a settlement without a hearing.
- Director’s Decision: If conciliation fails, the Director decides whether to refer the case to a Tribunal.
- Tribunal Hearing: A formal, quasi-judicial process where a decision-maker hears evidence and awards damages.
Reprisals: Retaliation is Illegal
It is strictly prohibited for an employer to fire, demote, or punish you because you filed a human rights complaint or asked for an accommodation. This is known as a reprisal in Alberta and can lead to additional financial penalties against the employer.
Why Choose Samfiru Tumarkin LLP?
At Samfiru Tumarkin LLP, our Calgary team understands the intersection of employment law and human rights. We don’t just file complaints; we build cases that maximize your severance pay and human rights damages. If you are being treated unfairly in Calgary, Cochrane, or Airdrie, we are here to fight for your dignity and your livelihood.