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
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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