3 - Human Rights (Provincial Legislation)

Human Rights Legislation

Protects individuals rights in the private sphere, both have provincial and federal legislation.

What does Human Rights Legislation Protect?

Ensures access to employment, to facilities, services, accommodations and tenancies without facing discrimination

Alberta Human Rights Act

Has 2 parts; 1. rights and 2. procedure (complaint process). It protects certain areas and grounds

Primacy Legislation

All other acts have to comply with the Alberta Human Rights

Protected Areas

Place of setting you could be discriminated in

Summary of Protected Areas

Publications, notices (s.3), goods, services, facilities (s.4), Tenancy (s.5), employment (ss.6-8) and membership in trade unions professional organizations (s.9)

Prohibited Grounds

Things that can be a cause for discrimination

Summary of Prohibited Grounds

Race, religious beliefs, colour, race, gender, gender identity, gender expression, physical disability, mental disability, marital status, family status, age, ancestry, place of origin, source of income, sexual orientation

Duty to Accommodate

“not discriminating” includes the need to take reasonable steps to help individuals with respect to prohibited grounds

Duty to Accommodate Exceptions

If it could incur substantial unde hardship and if someone does not meet a bona fide (genuine) occupational requirement

Section 11 of Human Rights Legislation

Discrimination is permitted if reasonable and justifiable as per either of the 2 exceptions are met

Affirmative Action Programs

Any profession or job where there is a tradition of gender or racial imbalance is allowed to give preferential treatment or consideration to the minority

Harassment

Includes protection in the workplace based on any of the protected grounds. Typically the employer is held responsible if they failed to take adequate steps to protect/prevent