Summary: Workplace Discrimination in Alberta
Workplace discrimination in Alberta occurs when an employee is treated unfairly or unfavourably because of a protected characteristic, such as race, disability, age, or gender.
Under the Alberta Human Rights Act, employers have a legal duty to maintain a work environment free from discrimination and must accommodate employees’ needs to the point of undue hardship.
Protection for Every Worker.
Discrimination in the workplace can take many forms, from overt harassment to subtle, systemic barriers that prevent career advancement. In Alberta, you are protected by one of the strongest human rights frameworks in Canada. Our team helps individuals identify when their rights have been violated and ensures that discriminatory treatment leads to the accountability you deserve.
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The 15 Protected Grounds in Alberta
To succeed in a claim for workplace discrimination in Alberta, the unfair treatment must be linked to one of the “protected grounds” listed in the Alberta Human Rights Act. These grounds include:
Colour
Ancestry
Place of Origin
Religious Beliefs
Gender (including Pregnancy)
Gender Identity
Gender Expression
Physical Disability
Mental Disability
Marital Status
Family Status
Source of Income
Age (18+)
Sexual Orientation
If an employer makes a decision — such as hiring, firing, or promoting — based on any of these factors, it is considered employment discrimination and is strictly prohibited.
Examples of Workplace Discrimination
Understanding discrimination examples in a real-world context can help you determine if your own rights have been violated. Common scenarios include:
- The Glass Ceiling: Being repeatedly passed over for promotion in favour of less-qualified candidates because of your gender or race.
- Maternity Reprisal: Being demoted or having your role “restructured” shortly after returning from pregnancy leave.
- Age Bias: Being told you “aren’t a culture fit” or being targeted for a layoff because you are an older, higher-earning employee.
- Failure to Accommodate: An employer refusing to adjust your workstation or hours for a documented physical or mental disability.
Discrimination as Constructive Dismissal
One of the most powerful tools for employees is the ability to treat serious discrimination as a constructive dismissal. If your employer creates a “poisoned work environment” through harassment or discriminatory policies, the law treats it as if the employer has broken your employment contract.
In these cases, you may be entitled to quit and pursue a claim for full severance pay in Alberta, which can be as high as 24 months of compensation. This is often a more effective route than a human rights complaint alone, as it focuses on your total financial recovery.
The Duty to Accommodate and Discrimination
A major part of discrimination in workplace in Alberta involves the duty to accommodate. An employer must make reasonable changes to your role or workplace to accommodate a protected ground (like a disability or religious belief) unless it causes undue hardship. Failing to explore these options is, in itself, a form of discrimination.
How to Report Discrimination in Alberta
If you are experiencing discrimination at work, it is vital to take the following steps to protect your future legal claim:
- Document Everything: Keep a detailed log of dates, times, witnesses, and exactly what was said or done. Save emails and performance reviews.
- Report Internally: Follow your company’s harassment or discrimination policy. This creates an official record that the employer was aware of the issue.
- Do Not Sign Anything: If your employer offers you a “settlement” or a new contract after you complain, do not sign it without a legal review.
Consult a Workplace Discrimination Lawyer
Navigating the intersection of the Alberta Human Rights Act and employment law requires specialized expertise. The workplace discrimination lawyers in Calgary at Samfiru Tumarkin LLP handles thousands of cases for non-unionized employees across Alberta. We don’t just file complaints; we fight to maximize your severance and secure damages for your injury to dignity and self-respect.