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HUMAN RIGHTS and EMPLOYMENT: employment mediator

Human Rights and Employment

⚖️ Overview of Human Rights Protections in Alberta and Canada


The Canadian Charter of Rights and Freedoms guarantees rights to all individuals in Canada. Under Section 15, everyone is equal before and under the law and entitled to equal protection and benefit of the law without discrimination. Protected grounds include, but are not limited to: race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability.


In addition to the Charter, several other legal avenues offer protection and recourse in cases of discrimination, including:


  • 🌐 International law, such as the Universal Declaration of Human Rights.  
  • 🏛️ Civil litigation, including tort claims through the courts.  
  • 👔 Employment law, which protects against workplace discrimination. Legal concerns may include:  
    • Discrimination based on race, colour, age, ancestry, origin, gender, disability, pregnancy, illness (including substance use), or sexual harassment.  
    • Failure to accommodate protected needs.  
    • Disputes over bona fide occupational requirements (BFORs).
       

🏢 Alberta Human Rights Commission (AHRC)


The Alberta Human Rights Commission is a provincial body that investigates complaints and enforces human rights legislation in Alberta.


⏳ Limitation Period


You must file a human rights complaint within one year of the alleged discriminatory act.


👤 Who Can File a Complaint?


You may file a complaint with the AHRC if you have a reasonable belief that:


  • You have been discriminated against.  
  • You experienced retaliation for filing or assisting with a human rights complaint.  
  • A false human rights complaint was maliciously filed against you.
     

📝 How to File a Complaint


Complaints must be submitted in writing using the prescribed form available from the Alberta Human Rights Commission.


🚫 Areas Where Discrimination Is Prohibited (non-exhaustive)


  • Employment practices  
  • Job postings or application processes  
  • Tenancy and housing   
  • Equal pay  
  • Access to goods, services, or facilities  
  • Public statements, signs, or notices  
  • Organizational membership
     

🛡️ Protected Grounds


  • Race  
  • Colour  
  • Ancestry  
  • Place of origin  
  • Religious beliefs  
  • Gender  
  • Age  
  • Physical or mental disability  
  • Marital status  
  • Family status  
  • Source of income  
  • Sexual orientation
     

📂 Complaint Process


  1. Initial Review
    The Commission reviews your complaint to confirm whether it falls within its jurisdiction.  
  2. Notification and Response
    If accepted, the respondent is notified, receives a copy of the complaint, and may submit a response.  
  3. Conciliation
    A conciliator may be appointed to help the parties reach a voluntary settlement.  
  4. Investigation
    If conciliation fails, an investigator gathers relevant facts and consults both parties.  
  5. Assessment of Findings  
    • If there’s reasonable cause, the Commission may assist in reaching a settlement.  
    • If no cause is found, the complaint may be dismissed. 

  1. Discontinuance
    The Director may close a case if the complainant unreasonably rejects a fair settlement. This decision may be appealed.  
  2. Hearing
    Unresolved complaints may proceed to a hearing before the Human Rights Panel.
     

⚠️ Disclaimer: The information provided on this page is for general awareness, is subject to change, and does not constitute legal advice. For legal guidance, please consult a qualified lawyer or legal service  provider (human rights lawyer, or a employment lawyer)

Sanjiv Parmar, KC, Parmar Law

Sanjiv Parmar, KC is an experienced mediator and lawyer. He is a human rights mediator and a employment mediator, providing human rights mediation and employment mediation. He provides legal advice in human rights law and employment law, as a human rights lawyer and a employment lawyer.

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