HUMAN RIGHTS LEGISLATION

What does Human Rights Legislation protect you from?

• indv. rights in the private sector

• govt isn’t involved

• right to be treated equally without discrimination

What are examples of individual rights in the private sector?

• access to public facilities ex. restaurant

• right to not be discriminated against certain grounds

What is the Canadian Human Rights Act?

• applies to federally regulated sectors

• administered by the Canadian Human Rights Commission

• doesn’t apply much unless you’re working in the federal sector

What is the Alberta Human Rights Act (AHRA)

• protects us in Alberta from discrimination in certain areas and on certain prohibited grounds

• applies to provincially regulated sectors

• applies to individuals living in Alberta way more

• Alberta Human Rights Commission

What do the Commissions essentially do?

• if you have a human rights issue, you can seek a remedy by complaining to the commissions

• rather than suing

• its easier

What is the Purpose of Human Rights Legislation?

• to not be discriminated against

• ensure access to employment, services, etc. without facing barriers through discrimination

• prohibits hate messages and discriminatory publications

What does it mean by the AHRA being Primacy Legislation?

• it comes first

• all other acts have to comply with the AHRA

• similar to how laws have to comply with the Charter

What is the Code of Conduct?

• the actual rights we have and expected behaviours within an organization

In the Code of Conduct, what does it mean to not lodge a complaint “frivolously”?

• make sure there’s a justifiable reason for why you’re lodging a complaint

• don’t just lodge a complaint because you feel like it

What is meant by “Protected Areas”?

• a setting in which you can potentially be discriminated against

Protected Areas - Publications, Notices

• protected from discriminatory hate messages

• ex. signs, posters, websites, social media posts

Protected Areas - Goods, Services, and Facilities

• access these without discrimination → equal access

• important for indvs. with a physical impairment

• ex. having elevators or wheelchair ramps

Protected Areas - Tenancy

• protected from discrimination when trying to rent an apartment, office space, etc.

Protected Areas - Employment

• equal pay regardless of gender

• equal treatment

Protected Areas - Membership in Trade Munitions Profession Organizations

• that having the credentials, you cannot be excluded from these work organizations

• ex. lawyers part of the Alberta Law Society, engineers part of APEGA

• doesn’t protect us from private clubs like a golf club

What are “Prohibited Grounds”?

• specific characteristics that the law protects individuals from discrimination

Prohibited Grounds - Age

• only protected for 18+

• minors can be discriminated against

  • ex. age discrimination towards minors when they walk into a vape shop

• only exceptions are seniors

  • senior housing so we exclude younger adults from living in those places

What was the Vriend v. Alberta case?

• Vriend was fired from his job at King’s College because he was gay

• AHR Commission couldn’t help him because sex/homosexuality wasn’t a protected ground in the AHRA and in the Charter

• Challenged Alberta, brought to the SCC

Vriend won his case against Alberta. What did the Alberta trial court do after that?

• appealed to the Alberta Court of Appeal

• overturned the decision and Vriend lost his case

What happened after Vriend lost his case against the Alberta Court of Appeals?

• applied to the SCC

• SCC decide that sexual orientation be protected in Human Rights and be read into the charter

• makes other laws therefore comply

What does “Duty to Accommodate” mean?

• accommodating people with disabilities, pregnant, religious practices

• modifying work duties if someone is sick

Duty to Accommodate Exception - Costly and Inconvenient

• not forced to accommodate if it would be inconvenient or unnecessary

• ex. larger buildings needs ramps or elevators bc lots of people. smaller business may not need to accommodate if a disabled person never walks through their doors.

Duty to Accommodate Exception - Bona Fide Occupational Requirements

• no duty to accommodate those who do not meet bona fide occupational requirements

• employer will not accommodate someone who can’t do the job at all

• ex. petite person tryna be a firefighter. you need someone strong and so they can’t do the job

Harassment and HR Legislation

• legislation protects indv. from harassment in the workplace based on any of the protected grounds

• ex. bullying, derogatory language, racial slurs, etc.

• employer is responsible if they don’t take disciplinary measures to prevent the harassment