Human Rights in the Workplace

Education and Engagement

VAD Conference

19 October 2018

Sushila Samy, CPHR

Information Sheets

Information sheets and guides on the topics

presented today are at

www.albertahumanrights.ab.ca

and can be downloaded

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Webcasts

Following webcasts are available at:

https://albertahumanrights.ab.ca/education/Pages/

e_learning.aspx:

1. The Alberta Human Rights Act

2. Duty to Accommodate

– Overview

– Bona Fide Occupational Requirements

– Undue Hardship

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Webcasts

3. Understanding the Human Rights Complaint

Process

– Making a human rights complaint

– The complaint process

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Alberta Human Rights Act

• Establishes the Alberta Human Rights

Commission as an independent Commission of

the Government of Alberta

• Is primacy legislation – takes precedence over

other provincial laws

• Recognition that all persons in Alberta are equal

in dignity, rights and responsibilities

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Protected Areas

• Statements, publications, notices, signs,

symbols, emblems or other representations

• Goods, services, accommodation or facilities

• Tenancy

• Employment practices

• Employment applications & advertisements

• Membership in trade unions, employers’

organizations or occupational associations

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Protected Grounds

• Race

• Religious Beliefs

• Colour

• Gender

• Gender Identity

• Gender Expression

• Physical Disability

• Mental Disability

• Marital Status

• Age

• Ancestry

• Place of Origin

• Family Status

• Source of Income

• Sexual Orientation

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Prohibitions

• It is contrary to the Act to retaliate against

individuals who are attempting to make a

complaint under the Act or have assisted in any

way.

• Making a complaint with malicious intent that is

frivolous and vexatious.

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Accommodation

Accommodation means making changes to

certain rules, standards, policies and physical

environments to ensure that they do not have a

negative effect on individuals because of their

mental or physical disability or any of the other

protected grounds

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Accommodation

• Accommodation is a way to balance the

diverse needs of individuals and groups in our

society. It may require a degree of

inconvenience, disruption and expense.

• Accommodating the needs of an individual is

not a nicety or courtesy; it is the law.

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Pictures-City for all Women Initiative

Equality Equity

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Pictures-City for all Women Imitative

Barrier Free

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Undue Hardship

• An individual’s right to be treated in a non-

discriminatory manner and be afforded

accommodation to achieve equal opportunity

must be balanced against an employer’s right

to conduct business in a safe and cost-

effective manner

• To achieve this balance the law has

introduced the concept of accommodation

up to undue hardship

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Undue Hardship

A few considerations are:

• Financial costs

• Health and safety concerns

• Size and resources of employer

• Morale of other employees

• Interference with rights of others

• Interchangeability of workforce & facilities

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Bona Fide Occupational

Requirement (BFOR)

• A standard or rule that is essential for carrying

out the functions of a specific position

• Onus is on employer to show how a certain

policy or standard is essential to the job, and,

therefore, a BFOR

• If BFOR, then no need to accommodate

employees who do not meet requirements

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Bona Fide Reasonable Justification

• Was adopted for a purpose that is rationally

connected to the function being performed

• Standard was established in an honest and

good faith belief that it was necessary to fulfill a

legitimate purpose or goal

• Standard was reasonably necessary to

accomplish that purpose or goal – the

organization could not accommodate the

complainant without incurring undue hardship

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Scenario 1 - Employment

• You are working in an office and need to be

accommodated because of your disability? What

actions can you take so you can continue to be

employed at your workplace?

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Scenario 2 – Services/Facilities

• The services at your local recreation centre are

not accessible. What actions could you take to

ensure the services at the recreation centre are

accessible?

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Actions for Employment

Accommodation - 1

• Inform the employer of what you need

• Make sure it is in writing

– why it is needed

– for how long

– provide medical documentation (for disability)

– suggest options that you know

• Give the employer time to put the

accommodation in place

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Actions for Employment

Accommodation - 2

• Listen to any reasonable accommodation the

employer may propose

• Make a formal written agreement with the

employer when an accommodation is provided

• Cooperate to make the agreement work

• Inform employer if accommodation does not

work

• Work to modify the accommodation

• Advise employer need for accommodation ends

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Employer Refuses to Accommodate

• Meet with employer

• Find out reason for refusal – what is the undue

hardship

• Unionized workplace – union may be able to

intervene

• No union – find an ally to assist

• Make a complaint at the human rights

commission

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Medical Information

• Expected length of disability and absence

• Temporary or permanent

• Information on restrictions & limitations

• No diagnosis required

• Must be requested in non-threatening manner

• Only released to staff who need it for a

specific purpose

• Duty exists when no disclosure but disability

obvious

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Actions for Service/Facilities

Accommodation

• Inform the facility of what is not accessible

• Make sure it is in writing –

– why is accommodation needed

– provide medical documentation for disability

• Give the facility time to put the accommodation

in place

• Listen to any reasonable accommodation the

facility proposes

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Actions for Service/Facilities-

Accommodation

• Cooperate with the facility

• Inform facility if accommodation needs to be

modified

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Facility Refuses to Accommodate

• Meet with manager of facility and discuss

• Obtain support from an organization

• Contact Councilor, MLA or MP

• Contact human rights commission

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Making a Human Rights Complaint

• Areas

• Grounds

• Believe you or some else has been

discriminated

• Made within 12 months of the alleged

discrimination

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Visit www.albertahumanrights.ab.ca

for more information

THANK YOU FOR ATTENDING

Website