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Job Discrimination Law in Edmonton, and Canada as a whole, is outlined under the Alberta Human Rights Act. This Act prohibits any discrimination based on race, color, ancestry, nationality, ethnic origin, religion, gender, age, marital status, family status, source of income, disability, or sexual orientation in the workplace. The law assures every employee has the right to equal pay for equal work.
Engaging a lawyer can be of great help if you believe you've been unlawfully discriminated against at your workplace. A lawyer can assess if in fact there has been a violation of your rights, guide you on gathering the necessary evidence, provide counseling on the available options, represent you during interactions with your employer or before the Human Rights Commission or any relevant tribunal, and ensure you receive the appropriate remedy if your rights have been violated.
Edmonton's legal structure aligns with Alberta's human rights protections, making it unlawful for any employer to discriminate against employees or potential hires. Employers have a duty to accommodate their employees' needs related to any of the factors protected under the Alberta Human Rights Act, upto undue hardship. Retaliation against employees who claim their rights is also considered unlawful.
Discrimination at the workplace can manifest in various forms such as unfair dismissal, unequal pay for equal work, harassment, refusing reasonable accommodation for a disability, or refusing an employment opportunity based on protected grounds.
Proving job discrimination usually involves providing evidence of adverse or differential treatment (whether direct or indirect), demonstrating a violation of the Alberta Human Rights Act. Evidence can be in the form of emails, employment records, witness testimonies, or any relevant documents.
A complaint must be filed with the Alberta Human Rights Commission, typically within a year of the alleged discriminatory act. The complaint will be reviewed and if deemed valid, a process of reconciliation, investigation or hearing may be initiated.
No, retaliating against an employee for filing a discrimination claim is against the law. If this occurs, you can file an additional complaint of retaliation.
If job discrimination is proven, remedies may include monetary compensation for any lost wages, expenses or emotional distress, reinstatement if you were unfairly dismissed, or any relevant changes to the workplace or employment practices to prevent future discrimination.
You can find additional resources and information related to job discrimination at Alberta Human Rights Commission's website, End Poverty Edmonton, and with local non-profit organizations such as the Centre for Public Legal Education Alberta.
If you believe you have been a victim of job discrimination, the next step is to gather all relevant evidence and possibly consult with a lawyer experienced in employment discrimination. Should you choose to move forward, a formal complaint can be filed with the Alberta Human Rights Commission. Remember that you do not need to face this process alone and various resources are available to provide support and guidance.
