Summary: Racial Discrimination in Alberta
Racial discrimination in the workplace is illegal in Alberta. Every employee is protected from mistreatment based on race, colour, ancestry, or place of origin under the Alberta Human Rights Act.
If you are facing a poisoned work environment or have been terminated due to bias, you may be entitled to human rights damages and full severance pay through a claim for constructive dismissal.
Justice for Workplace Racism
Racial bias has no place in the office. Our Alberta employment lawyers hold employers accountable for failing to maintain a discrimination-free environment.
On This Page:
What is Racial Discrimination?
Examples in the Workplace
Employer Obligations
Severance & Termination
How to Take Action
Talk to a Lawyer
What is Racial Discrimination?
Racial discrimination occurs when an individual is treated differently or unfairly because of their race, ethnic origin, skin colour, or ancestry. In a professional setting, racial discrimination in the workplace can be overt, such as using slurs, or systemic, such as biased hiring practices that exclude certain groups.
In Alberta, these rights are protected under the Alberta Human Rights Act, which ensures that race can’t be a factor in any aspect of employment, including recruitment, pay, promotions, or termination.
Racial Discrimination Examples in the Workplace
Understanding how bias manifests is key to identifying a legal claim. Racial discrimination examples include:
- Differential Treatment: Giving less desirable shifts or heavier workloads to employees based on their ethnic background.
- Harassment: Tolerating “jokes,” comments, or slurs directed at an employee’s race.
- Failure to Promote: Passing over a qualified candidate for a promotion because they do not “fit the culture” or due to underlying racial bias.
- Biased Disciplining: Punishing an employee more harshly for a mistake than colleagues of a different race.
An Alberta Employer’s Duty to Protect
Under Alberta law, employers are responsible for maintaining a work environment free from discrimination. This is known as a “duty to accommodate” and a duty to investigate complaints. If an employer knows — or should have known — that racial discrimination in the workplace was occurring and failed to stop it, they can be held legally liable.
Termination and Severance Rights
If you are fired because of your race, or if your employer makes your environment so toxic that you are forced to resign, you have been wrongfully dismissed. In these cases, you are entitled to:
- Alberta Severance Pay: Up to 24 months’ pay depending on your age, position, and length of service.
- Human Rights Damages: Additional financial compensation for the injury to your dignity and feelings.
What To Do If You Experience Racial Discrimination
If you believe you are a victim of racial discrimination workplace bias, follow these steps to protect your legal standing:
- Record the Details: Note every incident, including who was involved and any witnesses.
- Report Internally: Notify HR or management in writing. This creates a paper trail showing you gave the employer a chance to fix the issue.
- Don’t Quit Without Advice: Resigning before speaking to a lawyer could hurt your ability to claim constructive dismissal.
- Talk to an Expert: Our Alberta team can help you file a complaint with the Alberta Human Rights Commission or pursue a legal claim for severance.
Contact an Alberta Racial Discrimination Lawyer
The employment law team at Samfiru Tumarkin LLP is committed to fighting for equality in the Alberta workforce. If you have been treated unfairly due to your race or origin, we will fight to get you the compensation and justice you deserve.