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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
3
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
13
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?
17
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
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