Alberta Human Rights Act: Everything Employers Need to Know

Understanding employer rights and responsibilities under the Alberta Human Rights Act is vital for fair workplaces. This law prohibits discrimination based on protected grounds in employment. Here's a concise guide to compliance, enforced by the Alberta Human Rights Commission.

Overview of the Alberta Human Rights Act

The Alberta Human Rights Act is Alberta's primary anti-discrimination legislation. It bans unfair treatment of employees or applicants due to protected personal characteristics. The Act covers all employment stages, from hiring to termination, and complements laws such as the Employment Standards Code, which addresses minimum employment conditions.

Who enforces the Act

The Alberta Human Rights Commission investigates complaints, mediates disputes, and enforces remedies. It can order compensation, policy changes, training, or reinstatement if violations are found.

Which employers must comply

All Alberta employers—regardless of size, from sole proprietors to large corporations, governments, and non-profits—must follow the Alberta Human Rights Act. It applies across the province.

Protected grounds in employment

The Alberta Human Rights Act safeguards against decisions based on these protected grounds throughout employment:

• Race, colour, ancestry, or place of origin
• Gender (including pregnancy), gender identity, or gender expression
• Physical and mental disability
• Religious beliefs or creed
• Age (18+)
• Sexual orientation
• Family or marital status
• Source of income (e.g., social assistance)

Where the Act applies: From hiring to termination

The Alberta Human Rights Act spans the full employment lifecycle. Job ads must avoid exclusionary language tied to protected grounds. Interviews focus on job-related skills, prohibiting questions on family plans, religion, health, or relationships. Policies, promotions, and discipline must be equitable, based on performance.

Duty to accommodate and undue hardship

Employers must accommodate needs linked to protected grounds, like flexible schedules, physical modifications (e.g., ramps, ergonomic tools), or task adjustments, unless it causes undue hardship. Factors include costs, safety risks, operational impact, and company resources.

Responding to a human rights complaint

Address complaints promptly via the Alberta Human Rights Commission process:

1. Document: Record details, dates, and allegations in writing.

2. Investigate: Interview parties, gather evidence, and resolve quickly.

3. Act: Implement training, policy fixes, or discipline as needed.

4. Prevent retaliation: Protect participants from reprisals.

Required workplace policies and training

Adopt an anti-harassment policy defining discrimination, reporting, and consequences. Include accommodation procedures. Train managers and staff annually on the Alberta Human Rights Act, covering rights, complaints, and accommodations.

Penalties and real-world costs

Violations can lead to Alberta Human Rights Commission orders for damages (lost wages, distress), reinstatement, or apologies. Settlements and legal fees often exceed $10,000–$50,000, depending on severity.

Practical compliance checklist for small businesses

• Review policies yearly for Alberta Human Rights Act updates.
• Train new hires on human rights within 30 days.
• Track accommodation requests and responses.
• Audit hiring and feedback regularly.

These steps minimize risks and foster inclusive workplaces.

Are your company policies compliant with the Alberta Human Rights Act?

Peninsula’s HR experts can help you develop legally compliant policies as well as with any other HR, health & safety, or employee relations matter. To learn more about how our services can benefit your business, call us today at (1) 833-247-3652.