Workplace discrimination in Alberta: Employee rights

Definition of workplace discrimination in Alberta

In Alberta, if you’re treated unfairly at work because of who you are—such as your age, race, gender, identity, or any other protected characteristic—that’s considered workplace discrimination. This behaviour is prohibited under the Alberta Human Rights Act, which ensures that employees are judged solely based on their job performance and qualifications, rather than personal characteristics unrelated to their work capabilities.

Discrimination can show up in many ways. It might be very clear, like being passed over for a job or promotion you’re a good fit for, just because of where you come from or how you look. Or, it could be more hidden, like consistently not being considered for training that could advance your career, again for reasons that aren’t fair.

Remember, it doesn’t matter if it’s your boss, a coworker, or even a customer who treats you unfairly. It’s still discrimination. Everyone deserves respect and equal chances in their workplace.

Watch the video below from the Employment Law Show and read on to learn more about discrimination and violations in the workplace, and your rights as a provincially regulated, non-unionized employee in Alberta.

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Workplace discrimination laws in Alberta

In Alberta, the legislation that governs workplace discrimination is the Alberta Human Rights Act (the Act). This law is specifically designed to protect provincially regulated, non-unionized employees from being treated unfairly in their workplaces due to certain protected characteristics. It enforces the principle that all individuals deserve equal treatment and opportunities in employment without facing discrimination.

Alberta Human Rights Act

The Act is crucial in safeguarding individuals against discrimination in the workplace, covering a large array of protected grounds, including but not limited to:

The Act mandates that employers in Alberta must foster a workplace environment that is free from discrimination. This involves implementing policies and practices that ensure all employees are treated equitably across various aspects of employment, such as recruitment, training, promotions, and terminations, regardless of these protected characteristics.

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• What constitutes workplace harassment in Alberta?

Employers are required to actively prevent and address instances of discrimination in the workplace. This includes establishing clear procedures for reporting and investigating complaints of discrimination, as well as taking appropriate actions to remedy and prevent future occurrences.

By adhering to the principles laid out in the Alberta Human Rights Act, employers and employees alike contribute to a more inclusive, respectful, and fair workplace. This legal framework ensures that every individual’s rights are protected, promoting a positive and productive work environment for all.

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Workplace discrimination statistics in Alberta

Understanding the scope and nature of workplace discrimination in Alberta is essential to fostering a respectful and inclusive work environment. Recent statistics shed light on instances of discrimination and harassment. Here’s a quick look at workplace discrimination in Alberta based on the 2022-23 Annual Report by the Alberta Human Rights Commission:

Key findings

• 822 complaint files were opened by the Commission.
• 988 complaint files were closed, with 81% resolved through complaint resolution and settlement processes.
• The remaining 19% were closed through the tribunal process.
• Physical and mental disabilities were the most cited grounds in complaints, continuing a trend from previous years.
• A noticeable drop in complaints based on religious beliefs to 8% from 13% the previous year, likely due to a decrease in vaccine- and mask-related complaints.

Complaints by ground

The table below provides a breakdown of the grounds cited in the new complaints filed with the Alberta Human Rights Commission from April 1, 2022, to March 31, 2023. Each complaint may cite more than one ground.

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Examples of workplace discrimination in Alberta

Workplace discrimination in Alberta can take various forms, affecting individuals across different sectors and job roles. Understanding these examples can help identify and address discrimination more effectively:

• Hiring discrimination: Decisions not to hire candidates based on their age, gender, race, religion, sexual orientation, or disability, rather than their qualifications or experience.
• Pay and compensation discrimination: Providing different salaries, benefits, or compensation to employees who perform the same work, based on personal characteristics unrelated to job performance.
• Promotion and advancement discrimination: Overlooking qualified employees for promotions or professional development opportunities due to factors like gender, race, or age, rather than merit or achievements.
• Job assignment discrimination: Assigning employees to less desirable tasks or positions because of their personal characteristics or perceived capabilities linked to stereotypes.
• Termination discrimination: Firing or laying off employees based on protected characteristics, rather than performance issues or economic reasons.
• Religious discrimination: Not accommodating an employee’s religious practices, such as prayer times or religious attire, when such accommodations would not cause undue hardship to the employer.
• Disability discrimination: Failing to provide reasonable accommodations for employees with disabilities, impacting their ability to perform their job effectively.
• Parental or family status discrimination: Treating employees unfavourably because of their parental responsibilities or family status, such as denying flexible working hours for childcare.
• Age discrimination: Biases against older or younger employees in hiring, promotions, job assignments, and terminations, based on assumptions about their ability or desire to work.
• Sexual orientation and gender identity discrimination: Negative treatment of employees based on their sexual orientation, gender identity, or gender expression, including derogatory comments, exclusion, or unfair job-related decisions.
• Retaliation: Punishing employees for asserting their rights, filing a discrimination complaint, or participating in an investigation related to discrimination in the workplace.

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What is NOT considered workplace discrimination?

In the effort to create respectful and inclusive workplaces in Alberta, it’s important to distinguish between actions that constitute discrimination under the Alberta Human Rights Act and those that, while they may be challenging, do not fall under the legal definition of workplace discrimination. Here’s a clarification on what generally is NOT considered workplace discrimination:

• Merit-based decisions: Employment decisions based on qualifications, skills, performance, and experience, including hiring, promotions, and terminations, are not discriminatory when applied fairly and without bias towards protected characteristics.
• Legitimate business policies and practices: Policies, procedures, and workplace rules that apply to all employees equally, and are necessary for the safe and efficient operation of the business, do not amount to discrimination, provided they do not disproportionately impact a particular group or fail to accommodate to the point of undue hardship.
• Constructive feedback and performance management: Providing employees with honest, constructive feedback on their work performance or behaviour, including through performance appraisals or disciplinary actions for legitimate workplace issues, is a necessary aspect of workplace management, not discrimination.
• Workplace conflicts and differences: Ordinary disagreements or conflicts that arise in the workplace are not considered discrimination. It’s the nature of human interaction to sometimes clash over ideas or decisions, provided these situations are handled professionally and without bias.
• Voluntary social interactions: Mutual and consensual social interactions or friendships that occur in the workplace, which are welcome and reciprocated by all parties involved, do not constitute discrimination. The atmosphere should remain respectful and inclusive to all.
• Workload and scheduling decisions: Assignments of duties, scheduling, workload distribution, and similar managerial decisions are not discriminatory when they are based on operational needs and are implemented equitably among all employees, considering any legitimate accommodations that might be required.

Understanding the distinction between challenging workplace scenarios and actual discriminatory practices is key to ensuring that resources and attention are directed where they are most needed. This promotes fairness and inclusivity in Alberta’s workplaces.

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Who experiences discrimination in the workplace?

Discrimination in the workplace can impact anyone in Alberta, regardless of their position or role within an organization. Those who may experience workplace discrimination include:

• Employees at all levels
• Supervisors and managers
• Job applicants
• Contractors and temporary workers
• Clients and customers

Discrimination is not only about the direct victims. Those who witness discriminatory behaviour in the workplace may also suffer its consequences, contributing to an overall environment that feels unwelcoming, hostile, or intimidating for everyone involved.

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Effects of workplace discrimination

Discrimination in the workplace in Alberta extends far beyond the immediate moments of unfair treatment, leading to significant consequences for both individuals and businesses. The strain caused by discrimination can develop in various physical and psychological ways:

• Stress
• Mental health issues, such as depression and anxiety
• Difficulty concentrating
• Impaired job performance or drop in productivity
• Impact on family and social life
• Legal and financial consequences for employers
• Lowered self-esteem
• Increased absenteeism
• Trouble sleeping
• Loss of appetite
• Digestive problems
• Headaches or migraines
• Alcohol or drug abuse

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How to respond to workplace discrimination in Alberta

Confronting workplace discrimination is a significant challenge, yet knowing the appropriate steps to take is crucial for protecting your rights and well-being. Here’s a guide tailored for non-unionized employees in Alberta:

• Identify discrimination: Understand that workplace discrimination in Alberta can take various forms, including unequal treatment in hiring, pay, job assignments, promotions, training opportunities, and dismissals based on protected characteristics such as age, race, sex, disability, and others as defined by the Alberta Human Rights Act.
• Document incidents: Keep a detailed record of all instances of discrimination, noting the date, time, location, individuals involved, and any witnesses. Preserve emails, messages, or any other communications that could serve as evidence.
• Understand workplace policies: Familiarize yourself with your employer’s discrimination and equal opportunity policies, usually found in the employee handbook or on the company intranet. These documents will outline the procedures your employer has established for handling discrimination complaints.
• Report discrimination: File a report according to your company’s established procedures. This may involve speaking to your supervisor, the human resources department, or another designated representative within your organization.
• Take care of yourself: Seek support from mental health professionals or employee assistance programs to manage the emotional toll of discrimination.
• Know your legal rights: Familiarize yourself with the Alberta Human Rights Act, which safeguards individuals from discrimination in the workplace. The Alberta Human Rights Commission (AHRC) provides resources and guidance on discrimination and can help you understand your rights and options.
• Contact the Alberta Human Rights Commission: Consider filing a complaint with the AHRC if the discrimination relates to protected grounds. Complaints must be filed within one year of the discriminatory act.
• Consult an Employment Lawyer: For persistent or severe workplace discrimination, consult with an employment lawyer at Samfiru Tumarkin LLP before filing a claim. Our experienced lawyers can offer personalized advice on the best course of action and ensure you understand your rights and options in Alberta.

No one should have to navigate this process alone. Taking informed steps can help you advocate for a fair and respectful work environment in Alberta.

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How can I prove workplace discrimination?

Proving discrimination in the workplace in Alberta can be challenging, but with the right approach, it is possible to build a compelling case. Here are the steps you can take:

• Keep a detailed log of discriminatory incidents: Document every instance of discrimination, noting the date, time, location, what was said or done, and the names of any witnesses. This log can help establish a pattern of discriminatory behaviour.
• Collect all relevant documentation: Save any emails, memos, text messages, or other communications that might indicate discriminatory motives. Pay stubs, job postings, performance reviews, and any other employment records that reflect differential treatment are also important.
• Document performance and contributions: Keep records of your work performance, including evaluations, commendations, and any productivity metrics. This information can counter any claims that employment decisions were based solely on performance rather than discriminatory reasons.
• Record efforts to address the issue internally: Keep a record of any reports or complaints you’ve made to HR or management about the discrimination, including dates and the outcomes of those reports. This shows that you gave the employer an opportunity to address the issue.
• Understand and compile policy documents: Gather copies of your employer’s anti-discrimination, equal opportunity, and complaint procedure policies. These documents can support your case by showing that the employer was aware of the need to prevent discrimination.
• Seek witnesses: If coworkers or others are willing to support your claims, their testimonies can be powerful evidence. They can provide third-party accounts of your experiences or similar experiences of their own.
• Consult with an Employment Lawyer: An experienced lawyer at Samfiru Tumarkin LLP can provide guidance on collecting evidence and assess the strength of your case. They can advise you on the next steps, whether it’s filing a complaint with the AHRC or pursuing other legal actions.

By following these steps, you can strengthen your case and safeguard your rights in the workplace.

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Employer obligations for Alberta workplace discrimination

In Alberta, employers are required to meet specific legal obligations to prevent and address workplace discrimination. These obligations are crucial for fostering a work environment that is inclusive, equitable, and free from discrimination. Here are the primary responsibilities that Alberta employers need to fulfill:

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Constructive dismissal and discrimination at work

Facing discrimination at work isn’t just a personal challenge; it’s a legal issue that can significantly impact your career and well-being. In Alberta, if workplace discrimination reaches a point where you feel forced to leave your job, it may constitute what’s known as “constructive dismissal.“ This concept is crucial for employees to understand, as it offers a pathway to seek recourse and compensation under employment law.

What is constructive dismissal?

Constructive dismissal in Alberta occurs when an employer makes a significant change to the terms of your employment without your consent or if your workplace becomes intolerable due to discrimination, harassment or other negative behaviours. This doesn’t mean you’ve been formally fired. Instead, the actions or inactions of your employer push you to resign. It’s as if you’ve been dismissed or terminated without cause because staying becomes unbearable.

Workplace discrimination that escalates to a constructive dismissal situation can include:

• Systematic or persistent inequality
• Unresolved discrimination
• Hostile work environment
• Retaliatory actions

Your rights and next steps

Before you resign due to these circumstances, it’s vital to know that you might have the right to seek compensation as though you were wrongfully dismissed. Here’s what you should consider:

• Documentation: Keep detailed records of the discriminatory incidents, including dates, times, and witnesses. This information will be crucial for your case.
• Company Policies: Review your employer’s discrimination and complaint policies. Following the outlined steps can be important, even if you end up resigning due to unresolved issues.
• Legal Advice: Before making any decisions, consult with an employment lawyer at Samfiru Tumarkin LLP. We can guide you through the complexities of proving constructive dismissal and help you understand your rights, including full severance pay.

At Samfiru Tumarkin LLP, we specialize in employment law and have extensive experience assisting employees who’ve faced discrimination and constructive dismissal. If you believe you’ve been forced out of your job due to unacceptable workplace conditions, contact us. Our team can assess your situation, guide you on how to proceed, and represent you in seeking the compensation you deserve.

Remember, no one should have to endure discrimination in the workplace. Understanding your rights is the first step toward resolving the situation and moving forward.

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Can I be fired for reporting workplace discrimination in Alberta?

No. In Alberta, it is illegal for an employer to terminate an employee, with or without cause, for reporting workplace discrimination. Such inappropriate responses by an employer, known as reprisals or retaliation, are prohibited. Employers are also forbidden from demoting, suspending, cutting pay, or making any adverse changes to an employee’s job conditions in response to employees exercising their workplace rights. These actions are considered violations of human rights.

If you have been fired for addressing discrimination in the workplace, you may have grounds for a wrongful dismissal claim and should contact our Alberta employment law team immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating severance

Calculating a severance package in Alberta involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In Alberta, your severance package can be as much as 24 months’ pay.

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Alberta workplace discrimination lawyers: How we can help

Samfiru Tumarkin LLP’s team of Alberta workplace discrimination lawyers offers expert guidance on your rights and options if you’ve experienced discrimination at work. We assist non-unionized employees in determining if they have been victims of discrimination or harassment, advising on how to respond, and assessing if they have been constructively dismissed. Consulting with a lawyer at our respected firm ensures your rights are protected and that you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace discrimination cases in Alberta. Recognized as a highly regarded and extensively reviewed law firm, we deliver successful outcomes for employees facing these challenges. Partnering with us guarantees steadfast legal support, focused on securing your rightful severance and ensuring justice in the workplace.

Comprehensive employment law services for Alberta employees

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

If you are a non-unionized employee in Alberta (or B.C. and Ontario) who needs help with a human rights issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.