An Edmonton human rights lawyer protects non-unionized employees who have experienced discrimination, harassment, or a failure to accommodate in the workplace. Under the Alberta Human Rights Act, it is strictly illegal for your employer to fire you, demote you, or treat you unfairly based on protected personal characteristics.
If you are facing a toxic work environment, or if you have lost your job due to discrimination, you do not have to accept it. The employment lawyers at Samfiru Tumarkin LLP can help you hold your employer accountable, enforce your legal rights, and secure the financial compensation you are legally owed.
On This Page:
- 1. What is Workplace Discrimination in Alberta?
- 2. Employer’s Duty to Accommodate
- 3. Fired for Human Rights Issue
- 4. Human Rights Lawyer
What is Considered Workplace Discrimination in Alberta?
A common misconception is that “human rights” covers general workplace bullying or an unfair boss. Under Alberta law, workplace discrimination is very specific. It occurs when an employer penalizes an employee, refuses to hire them, or creates a hostile work environment based on a protected ground.
Under the Alberta Human Rights Act, your employer can’t discriminate against you based on various grounds, including physical or mental disability, gender, sexual orientation, race, or religious beliefs.
Direct vs. Indirect Discrimination
Discrimination is not always obvious.
- Direct discrimination is blatant, such as an employer firing a worker specifically because she announced she is pregnant.
- Indirect discrimination happens when a general company policy negatively targets a protected group. For example, a strict “no remote work” policy that disproportionately impacts employees who require medical accommodations.
The Employer’s “Duty to Accommodate”
One of the most frequent human rights violations in Edmonton workplaces involves the Duty to Accommodate.
If you have a protected characteristic — such as a medical disability, a religious requirement, or strict childcare obligations — your employer has a legal duty to adjust your work conditions to help you perform your job.
Your employer must accommodate you up to the point of undue hardship in Alberta. This is an extremely high legal bar. An employer can’t simply refuse your doctor’s note because it is inconvenient or slightly expensive for the company.
Fired for a Human Rights Issue?
Many employees who face discrimination do not realize that their human rights issue is actually a severance issue.
If your employer creates a discriminatory work environment that forces you to resign, or if they fire you after you request a medical leave, this is known as a Constructive Dismissal or a Wrongful Dismissal.
In these situations, you are not just entitled to human rights damages for the discrimination. You are also entitled to full common law severance pay, which can equal up to 24 months of your regular compensation.
Never resign or sign a severance package in Alberta without legal advice. If your employer violated your human rights, they owe you significantly more money than a standard termination payout.
Why Choose Samfiru Tumarkin LLP?
Taking legal action against an employer can feel intimidating, but you do not have to do it alone. As Canada’s most positively reviewed employment law firm, we have a proven track record of standing up to toxic employers and securing maximum compensation for our clients across Alberta.
If you are looking for a human rights lawyer in Edmonton, we offer a streamlined process to evaluate your case. We resolve the vast majority of human rights and severance claims through strategic negotiation, without you ever needing to step foot in a courtroom.
Don’t let your employer get away with workplace discrimination.