Frequently Asked Questions

No. The Commission is asking complainants to voluntarily provide this data to help us better understand discrimination in Alberta and the barriers that exist within our organization. Complainants can choose whether to complete all, some, or none of the Personal Information step of the complaint form. Completing this section or not does not affect your complaint.

Below are helpful resources to find a lawyer.

Free legal support for eligible individuals:

Calgary Legal Guidance (serving Calgary and area)

• Get free legal help in Calgary

Edmonton Community Legal Centre (serving Edmonton and area)

• Get free legal help in Edmonton

All legal clinics in Alberta

• Find help near you

Legal help for a fee:

Online Lawyer Directory

• Find a lawyer based on your legal issue

ADR Institute of Alberta (for alternative dispute resolution)

• Find an ADR professional

Legal Aid Alberta (note they cannot help with human rights issues)

• More information about services and who is eligible

The Commission does not share demographic data with the respondent or the staff who process your complaint. The Commission keeps demographic data separate from the complaint process. We store all demographic data confidentially and securely.

You may be able to make a human rights complaint if your issue falls under the Alberta Human Rights Act and the incident happened within the last year. While the Act does not have a ground for indigeneity, your complaint may relate to the protected grounds of ancestry, race, color, or religion (including Indigenous spirituality). For more information, read the Protection of Aboriginal Peoples under the Alberta Human Rights Act.

No, not right now. To start with, the Commission is only collecting data from complainants. In the future, the Commission may decide to collect data about respondents or other Commission programs.

Individuals, organizations, and communities have the ability and responsibility to create environments where all people are included, respected, and treated equitably. For more information on prevention, refer to the Preventing discrimination page.

A human rights officer from the Office of the Director of the Commission reviews and assesses potential complaints under the requirements in the Alberta Human Rights Act and the Commission’s Bylaws. An officer may not accept a complaint if:

• the complainant does not return the completed complaint to the human rights officer within 30 days after the officer requests more information
• the Commission does not have jurisdiction to deal with the issue
• the complainant has not provided the respondent's name and address
• the complaint does not comply with the Act and the Commission's Bylaws.
• the Commission received and dealt with a similar inquiry or complaint
• the complaint is deemed to be frivolous or vexatious
• the issue is being, has been, will be, or should be more appropriately dealt with in another forum or under other legislation

If the Commission does not accept your complaint, we will send you a letter with the reason why.

No. The Commission is only collecting the demographic data in the Personal Information section as it is at the time you submit the complaint form. You must, however, contact the Commission if your address, email, or phone number changes.

The Commission is committed to ensuring that complainants, respondents, and all those who take part in our processes are able to fully participate. This outlines some of the services available to the public upon request. Refer to the information below to contact the Commission about requesting an accommodation.

Accommodations available

A variety of accommodations may be available to help parties fully participate in our complaint and tribunal processes, including:

• different communication methods, such as email, video, or in-person
• language translation
• American Sign Language (ASL) interpretation
• Video-Relay Service (VRS)
• accessible document formats, such as large format
• a support person
• reasonable adjustments to scheduling, such as additional breaks, different start times, and shorter days
• access to a computer or phone from a Commission office to attend a virtual meeting, such as conciliation, Tribunal Dispute Resolution (TDR), pre-hearing conference, or tribunal hearing)
• recording a tribunal hearing (see the Tribunal’s practice direction on recordings and transcripts of proceedings)

This is not a complete list of all the accommodations available. Parties can work with the Commission to identify and request appropriate accommodations.

The Commission is also committed to ensuring our accommodation process is respectful of the diverse populations we serve. A formal request for accommodation is not always necessary. For instance, a party may inform the Commission of their correct pronoun prior to or at any point during the complaint or tribunal process (see the Tribunal’s practice direction on pronouns and form of address).

Factors impacting an accommodation request

The Commission is only required to provide accommodations for needs (not preferences) to the point of “undue hardship.” This means that if a requested accommodation impacts the timeliness of the complaint process or the right to a fair hearing, it may not be possible to provide. Instead, the Commission will work with the party to determine an appropriate accommodation that is less disruptive to the fairness of our processes, while still accommodating individual needs to the best of our ability.

The Commission may ask for information regarding an accommodation request, such as medical records, to:

• determine if the requested accommodation is linked to a protected ground in the Alberta Human Rights Act, and
• better understand an individual’s needs so we can determine how to make our processes more accessible.

How to request an accommodation

The party requesting an accommodation should contact the Commission and provide details of what they need. In some cases, the Commission may ask for more information, including relevant medical records. The party requesting the accommodation does not need to send their accommodation request to the other parties, unless the Commission thinks the accommodation could impact the rights of the other parties.

If you are involved in the Tribunal process, read the Accommodations practice direction for more information, including how to request accommodation.

The demographic data you share is collected, stored, and analyzed by a team that is not involved in processing complaints. If you submit your complaint form online, the Commission immediately separates this section. The data analysis team receives the section with a numerical identifier, not your name. If you submit your form by email or mail, the Commission immediately separates this section and sends it to the data analysis team. The rest of the complaint form is sent to the team processing complaints. Safeguards are in place so that human rights officers, the Director of the Commission, the Chief, or Members of the Commission reviewing and processing complaint forms never see your demographic data.

The Alberta Ombudsman is a neutral and impartial service for investigating and resolving complaints about Alberta government services. For information about complaints, or to file a complaint online, go to the Alberta Ombudsman website.

The Alberta Human Rights Commission deals with issues of discrimination arising in Alberta or based on actions of an organization in Alberta.

The Commission cannot deal with issues outside of Alberta. Contact the human rights commission in the province or territory where the incident took place for more information.

For more information about issues under the Charter, contact a lawyer.

Below are some government departments and organizations for help with court processes.

Help with court processes and forms:

Court and Justice Services (CJS)

• CJS contact form
• 1-855-738-4747

Legal information about court processes in Alberta:

Centre for Public Legal Education Alberta (CPLEA)

• Free information about going to court

The courts in Alberta:

Alberta Courts

• Alberta Court of Justice information
• Court of King’s Bench of Alberta information
• Court of Appeal of Alberta information

Below are some government departments that may be able to help, depending on your disability issue.

Federal benefits, including disability pension and child benefits:

Government of Canada

• Disability benefits information

AISH and other Alberta benefits:

Government of Alberta

• Assured Income for the Severely Handicapped (AISH)
• Financial assistance for people with disabilities

For incidents of hate, including filing a complaint and getting support, contact:

Local police or RCMP

• 911 (for emergencies)
• Calgary Police Service
• RCMP online crime reporting

Crime Stoppers (to report anonymously)

• 1-800-222-8477
• Submit a tip

Victims’ Services

• Find support near you

StopHateAB.ca

• Document a hate-related incident in Alberta

Action! Chinese Canadians Together (ACCT)

• Report a hate incident

B’nai Brith Canada Anti-Hate Hotline

• Report a hate incident

For privacy issues, including filing a complaint and privacy breaches, contact:

Office of the Information and Privacy Commissioner of Alberta

• Alberta privacy rights
• 1-888-878-4044

Office of the Privacy Commissioner of Canada (for federally regulated workplaces)

• Federal privacy rights
• 1-800-282-1376

Before asking for more medical information, employers should first decide if they can assess the situation using information the employee has already provided. If not, the employer should:

• ask the employee to get more information from a healthcare professional, such as a doctor, specialist, mental health professional, nurse practitioner, or physical or occupational health therapist
• let the employee know in writing that they must provide further medical information, and indicate why the information is necessary
• specifically identify the information they are requesting
• remind the employee that they will only share information with others in the workplace on a need-to-know basis
• continue to be open about concerns the employee has about providing further medical information, and try to resolve the concerns with the employee

In some situations, employees may not willingly provide necessary medical information. In other situations, an employee may not be aware of how their disability is affecting their work or may disagree with the employer’s assessment of their fitness to work. In these cases, it is important for employers to take extra measures by:

• meeting with the employee, if they are still working
• respectfully requesting the information, and
• explaining why the information is important.

Depending on the situation, employers do not have to hire or continue to employ anyone whose disability notably increases the risk of health or safety hazards to themselves, other employees, or the public. For example, an employer cannot expect someone who has epileptic seizures not fully controlled with medication to safely perform a job working on a scaffold or driving a truck. It is up to the employer to show that the employee’s disability would threaten the safety of that employee or others at the worksite.

Sometimes. Employers may be liable for behaviour or actions that happen away from the workplace or outside work hours if they impact the workplace. For example, an employer may be liable for staff behaviour during business trips, company parties, or other company-related events. We call this the “extended workplace.”

First, understand your rights and responsibilities as an employer under human rights legislation. Reading the information on this website is a good start.

Second, consider what information you need to know about a candidate to help you decide if they can perform the job. Think about what the job requires, not what personal characteristics you would prefer in an employee.

Third, be aware of your own biases. You may have an idea of who would be the perfect candidate. However, you should focus on whether the candidates meet the job requirements, not whether they match your idea of an ideal candidate.

Contact the Commission or seek legal advice if you are unsure.

When disability is one of the reasons for workplace discipline or potential termination, the employer must consider the employee’s medical information about their disability or absence. The employer cannot simply discipline or terminate an employee based on the employee’s absence record. Employers have a duty to accommodate employees with disabilities to the point of undue hardship. For more information, refer to the Duty to accommodate at work page.

An employee who feels they are being terminated or disciplined for a disability-related absence should provide the employer with medical information to support their claim. An employee with a mental health or addiction issue that is affecting their ability to work should be encouraged to get help from a doctor or addictions expert. They should also provide information about their disability to their employer as soon as possible.

No, unions cannot contract out of human rights legislation. A collective agreement must follow human rights legislation and other employment-related laws. While a collective agreement may be silent on human rights or only include certain human rights issues, the Act is paramount law in Alberta. The Act overrides other legislation or contracts if there is a conflict between them. Unions and employers can agree to provide more human rights in a collective agreement than the Act requires.

An employer cannot ask questions that relate to a protected ground. Doing so is discrimination.

In job applications, interviews, or advertisements, employers cannot ask a job candidate for information related to a protected ground, unless it is essential to the position. For example, employers cannot ask about past or present:

• physical or mental conditions
• diseases
• medications
• treatments
• workers’ compensation claims
• sick leaves
• plans to have children
• sexual orientation

Employers also cannot ask job candidates to provide information about the general state of their physical or mental health, appearance, height, weight, or family status.

The exception is where the question relates to a bona fide occupational requirement (BFOR), such as a firefighter being physically fit. The employer should clearly state these requirements in the job description or advertisement.

The Commission has an information sheet called A recommended guide for pre-employment inquiries. The document lists recommended and not recommended questions about topics such as languages, age, disability, family status, and ancestry or place of origin.

An employer can give staff the option to self-identify certain personal characteristics, such as race or gender. However, this must be voluntary. The employer cannot require employees to self-identify.

An employer should also explain why it is asking staff to self-identify. For example, some employers do so as part of their equity, diversity, and inclusion (EDI) program to measure the diversity of their workforce.

An employer cannot fire or terminate an employee because they are pregnant. This is discrimination based on gender.

It is not discrimination for an employer to terminate a pregnant employee if they have a legitimate and non-pregnancy related reason. However, employment standards laws prohibit an employer from terminating an employee on a leave unless they meet certain conditions. Employment standards laws also set out rules employers must follow when terminating employees, including when to give notice or pay in lieu of notice (sometimes called severance pay). Contact Alberta’s Employment Standards to learn more.

An employer cannot fire or terminate an employee on maternity or parental leave because they are on leave. This is discrimination based on family status.

It is not discrimination for an employer to terminate an employee on maternity or parental leave if they have a legitimate and non-leave related reason. However, employment standards laws prohibit an employer from terminating an employee on leave unless they meet certain conditions. Employment standards laws also set out rules employers must follow when terminating employees, including when to give notice or pay in lieu of notice (sometimes called severance pay). Contact Alberta’s Employment Standards to learn more.

It is discrimination under the Act to force an employee to begin maternity leave early simply because they are pregnant, or to prevent the employee from returning earlier than planned.

Employment standards legislation in Alberta also applies to maternity and parental leaves. Contact us or Alberta’s Employment Standards for more information.

An employer can have reasonable rules for employees about appearance, grooming, and dress standards they believe are needed to safely or effectively conduct their business. This might include requiring employees to wear uniforms or protective gear. However, if a dress code or standard conflicts with an employee’s protected ground, the employer has a duty to accommodate the employee to the point of undue hardship. As well, an employer cannot use a dress code to exclude certain individuals from employment or to treat an employee negatively. Dress codes should not differentiate between genders.

For example, a hospital may require nurses to wear different coloured uniforms to easily identify their professional designation or assignment (RN, LPN, surgical, etc.). This is not discrimination under the Act if the requirement does not negatively affect an employee based on a protected ground.

However, if an employer requires female servers to only wear short skirts and high heels, this discriminates against female-identifying employees based on gender. If an employer requires employees to be clean-shaven, this might discriminate against employees who grow beards for religious reasons. The employee and employer should work together to accommodate the employee.

If a job candidate has the experience and skills for the job, there should be no “special tests” to see if they have the capacity to do the job. However, an employer may ask a candidate if they can safely complete the duties as outlined in the job description.

Any test for dexterity, medical exams for physical ability, or stress‑handling tests must be job‑related. Employers should advise that they require candidates to pass such job-related tests or exams once hired. Read the Medical information page to learn more.

An employer may have policies on drug and alcohol testing. On its own, a requirement to take a drug or alcohol test does not violate the Act. It may be discrimination if an employer targets an employee or group of employees for testing because of a protected ground. Employees should check their workplace policies and the consequences for not complying with a drug or alcohol test.

A drug or alcohol dependency or addiction is a disability under human rights law. An employer has a duty to accommodate an employee or job candidate with a disability to the point of undue hardship. An employer’s duty may be triggered by an employee returning a positive (or non-negative) test result due to a drug or alcohol dependency or because of a prescription medication. Employees should also check their workplace policies about disclosing disabilities and requesting accommodation. Some policies may require an employee to disclose a drug or alcohol dependency before there is a requirement to test.

Discrimination in this area can be complex. Contact the Commission if you have questions or refer to the Other helpful agencies page.

The Alberta Human Rights Act does not include a criminal record as a protected ground. Therefore, a person with a criminal record cannot file a complaint.

Employees covered by the Canadian Human Rights Act may be able to make a complaint if they experience discrimination based on a criminal record. The Canadian Human Rights Act includes the protected ground of conviction for an offence for which the person received a pardon or where the court ordered a record suspension. Read the What are human rights page to learn more about who the Canadian Human Rights Act applies to or contact the Canadian Human Rights Commission.

Employers must accommodate employees with physical or mental disabilities to the point of undue hardship. For example, in the case of medical leave, the employer may fill the position temporarily with the help of a staffing agency.

To justify terminating the employee, the employer must prove it would experience undue hardship by continuing to employ the employee. For example, a business with only two or three specialized employees may not be able to find a qualified person willing to accept a temporary position without undue hardship.

Read the Duty to accommodate at work and Disabilities, illness, and injury pages to learn more.

Employers and unions have a duty to accommodate to the point of undue hardship. If the employer can manage the absence without undue hardship, then it must do so regardless of what the collective agreement says. If the employer enforces the policy without an individual assessment of the circumstances, the employee may have grounds to make a human rights complaint against the employer and/or union. For more information, read the Duty to accommodate at work page.

In complex medical situations, employers may require more detailed medical information from their employees. Employees may look into:

• getting further information from their family doctor or specialist in writing
• choosing a specialist that the employee and employer agree on to do an independent medical examination (IME), where there is a difference of opinion between specialists and an IME is required

No. A release is not itself discriminatory. An employee cannot make a complaint simply because they signed a release or because their employer asked them to sign a release. An employee can only make a complaint if they believe the employer discriminated against them under the Act, and they believe their release is invalid.

Maybe. Your employer has a duty to accommodate your protected characteristic to the point of undue hardship. You must also work together with your employer to find reasonable accommodation.

Contact the Commission to discuss your concerns further.

An employer must provide the returning employee with the same or substantially the same work at the rate of pay they received before going on leave.

Pension, retirement, and insurance plans that differentiate or deny benefits because of a protected ground may be discriminatory. For example, a pension plan that denies benefits to an employee’s same-gender partner is discriminatory.

However, the protected grounds of age and marital status do not apply to pension, retirement, or insurance plans made in good faith. For example, an employer-provided pension plan might have an age limit for contributing to the plan. Similarly, an employee may only be able to access a group medical insurance plan up to a certain age. An employer can also offer different insurance plans to employees who are single versus those who are married.

Discrimination in this area can be complex. Contact the Commission if you have questions.

No, trade unions or associations cannot retaliate against members for making a complaint.

The Act prohibits retaliating against someone for being involved in a human rights complaint. Members can make a Section 10 complaint if they believe their trade union or association is punishing them or they are receiving negative treatment because they made or participated in a complaint. Section 10 complaints must meet certain legal requirements.

Depending on the situation, unions may bypass seniority rights to accommodate a member. Each case depends on the particular circumstances, how much the accommodation violates the collective agreement, what other alternatives are available, and whether the accommodation would result in undue hardship to the union and its members.

No. Employees can make a complaint to the Commission whether or not they report the incident of discrimination to their employer. However, an employee who does not report the incident to their employer may have a harder time proving that the employer knew about the discrimination and was therefore responsible.

If the employee belongs to a trade union, the employee may talk to their union representative first.

Employers should make sure their employees know about their policies and the processes for reporting discrimination. Employers should also enforce the policy if discrimination does occur. To learn more, watch Effective Harassment Prevention Policy of the Workplace and read Sample harassment prevention policy and Developing and implementing an effective harassment and sexual harassment policy.

Employees need to report an absence from work as soon as possible and if at all possible. An employer may request that an employee make reasonable attempts to get a medical note to explain the absence. Employees should check their own workplace policies about reporting absences due to disability, injury, or illness. Employees can expect some contact from their employers during a lengthy absence, but not so much that it could be harassment.

Privacy is an important concern when it comes to employees providing medical information. However, the right to privacy over one’s medical information is not absolute, especially when making a request for accommodation at work. 

Employers need to understand the extent of an employee’s medical restrictions so that they can decide if a request is valid and explore available accommodation options. Employees must cooperate in the accommodation process, which includes showing that their request is medically necessary and giving details about their restrictions and limitations. Depending on the situation, an employee may need to provide more medical information to support their request. 

If you have questions about privacy issues, refer to the Office of the Information and Privacy Commissioner.

Yes, but it depends on the situation.

The employer’s duty to accommodate only applies to the parent or caregiver’s legal responsibility to meet the child’s needs, not to personal choices such as attending dance class or soccer games. The employee and employer must work together to find reasonable accommodation. The employer must accommodate the employee to the point of undue hardship. Employees cannot demand only one option for accommodation.

For example, an employee must work until 5 p.m. but their child’s daycare also closes at 5 p.m. The employee and employer must work together to find reasonable accommodation that does not cause the employer undue hardship. Perhaps the employee can adjust their workday to begin and end a half hour earlier. However, if no other employee can close the office, adjusting the employee’s hours may cause the employer undue hardship.

Employers who receive requests for accommodation from more than one employee may consider making a policy about family status accommodations. The policy can outline the employer’s approach and the limitations they may face.

Yes. Parents who adopt children have the same rights and responsibilities under the Act as other parents. Employers cannot discriminate against adoptive parents who are eligible for or take parental leave. Employers also have a duty to accommodate adoptive parents’ childcare obligations.

Employers, service providers, landlords, and others have a duty to accommodate. This means making changes to rules, standards, policies, workplace culture, and physical environments to eliminate or reduce the negative impact that someone faces because of a protected ground. The goal of accommodation is to provide an equal opportunity for an individual or group to participate in any of the protected areas under the Act.

Employers, service providers, or landlords who receive a request for accommodation must take reasonable steps to accommodate the person’s needs to the point of undue hardship.

Read the Duty to accommodate page to learn more.

Employers can implement a harassment prevention policy. Beyond just having a policy, the employer must tell employees about the policy and enforce it. This includes taking prompt and proper action to address complaints. Employers who have and enforce a policy may decrease their liability if an employee makes a human rights complaint against them.

Aside from harassment policies, businesses will benefit from human rights education in the workplace. Creating a respectful work culture where harassment is not tolerated and people feel safe to report workplace issues improves the entire organization.

Learn more about:

• developing and implementing effective harassment and sexual harassment policies
• the Commission’s educational workshops to help employers, employees, and management understand their risks and responsibilities related to harassment in the workplace

Creating a respectful work culture where racism and discrimination are not tolerated and where people feel safe to report issues improves the entire organization. Organizations benefit from providing human rights education and training in the workplace.

They also benefit from having policies to prevent and respond to racism and discrimination in the workplace. For example, a harassment prevention policy or a respectful workplace policy. Beyond just having policies, the employer must also tell employees about the policies and enforce them. This includes taking prompt and proper action on complaints. Organizations also benefit from having a diversity, equity, and inclusion strategy.

If you are an employee, talk to your employer about racism and discrimination prevention policies and providing human rights education in your workplace.

For more information, refer to the Preventing discrimination page and the Responding to discrimination page.

Employers are responsible for creating a discrimination-free workplace. Beyond a legal obligation, it also makes good business sense to do so. It is in an employer’s best interest to foster a work environment that discourages discrimination and encourages employees to treat each other with respect.

The benefits of a discrimination-free workplace include:

• a harmonious and trustful work environment where employees are more willing to bring their concerns to their supervisor, manager, or union representative rather than making a formal complaint to an external agency, such as the Commission or the courts
• collaboration and cooperation among employees due to mutual respect
• increased productivity as employees focus on their jobs and are not distracted by interpersonal issues
• reduced absenteeism and decreased turnover due to higher employee satisfaction
• cost and time savings in dealing with issues through internal processes, rather than costly external legal processes
• positive business reputation, as human rights complaints or litigation can tarnish a business’ reputation
• client satisfaction, as employees are willing to work together for the benefit of the organization and serve its clients

Ignoring acts of discrimination can lead to low employee morale, high stress, damaged professional reputations, absenteeism, and dissatisfied employees and clients.

To decide if a release is invalid, the Commission will consider several questions, including:

1. How is the release worded?
2. Was the release unfair (for instance where there is unequal bargaining power and an unfair settlement)?
3. Was there undue influence that forced the employee to sign the release or severance agreement?
4. Was the employee given time to seek independent legal advice before signing the release?
5. Did the employee experience duress? (That is, did the employee experience unlawful pressure to act against their will? Feelings of stress and unhappiness are not enough to prove duress.)
6. Did the parties signing the release know about their rights?
7. Did the employee lack the mental capacity to make a good decision about the release?
8. Are there any other reasons that would make the release invalid?

Under Alberta’s Employment Standards Code, employers must hold a position for an employee on leave due to illness or injury for up to 16 weeks. However, human rights law says this may be longer depending on the employee’s disability, whether an employee has revealed supporting medical information, and whether the employer has taken steps to accommodate an employee’s needs to the point of undue hardship. For more information, employers should get legal advice.

Employers must respond quickly and diligently to human rights issues at work. Read our Responding to discrimination page to learn more.

Employers must respond quickly and diligently to human rights issues at work. Read our Responding to discrimination page to learn more.

An employee’s pregnancy may prevent them from doing their job. Where possible, an employer should try to modify the workplace so the employee can work within their medical limitations.

For example, a pregnant store clerk may not have to carry heavy boxes from the stock room if someone else on staff can do this work. The clerk could take on more duties that are less physically demanding in exchange for not lifting boxes.

Sometimes a pregnant employee cannot do their job because their duties cannot be changed. In this case, the employer should treat the employee like any other employee who temporarily cannot carry out their duties. This might mean temporarily reassigning the employee or exploring leaves.

An employee should continue to receive the same rate of pay they received before accommodation unless:

• their duties changed significantly, or
• the employer would experience undue hardship to maintain their rate of pay.

The Act allows employees to make a complaint to the Commission if they believe their employer terminated them because of a protected ground. For example, a pregnant employee losing their job for being pregnant, or a person with a disability being fired because they required modified duties. This is discrimination.

The Commission only accepts complaints for terminations based on a protected ground. If the employer terminated the employee for some other reason, the employee may have other options to challenge the termination.

The employee has one year after the termination to make a complaint to the Commission.

To request accommodations at work, first, identify your specific needs. Review your company's policies regarding accommodation requests and gather any necessary documentation. Submit a formal request through the appropriate channels, whether it's filling out a form, writing a letter, or discussing with your supervisor or human resource representative. Be open to collaboration and negotiation, exploring alternative solutions that meet both your needs and job requirements. Follow up as needed to ensure your request is being addressed and maintain open communication throughout the process.

For more information, refer to the requesting accommodation and duty to accommodate at work, or the requesting accommodations in the workplace tool.

Harassment is a form of discrimination under the Act if it is based on one or more protected grounds and occurs in one or more protected areas. Employers are responsible for creating a safe and healthy workplace, free from harassment. Unions must also help members address discrimination issues in the workplace, which includes harassment.

If an employee’s union or employer is not dealing with workplace harassment, the employee has a right to make a complaint against both the union and the employer. For more information, read the Harassment at work page and Responding to discrimination page.

If you feel safe and comfortable doing so, tell the harasser their behaviour is unwelcome or unwanted. Ask them to stop.

If the behaviour continues, or if you do not feel safe or comfortable addressing the harasser, report the harassment to a person in authority, such as management or the human resources department. If your employer has a harassment policy, follow the process in the policy. You may also contact your union or employee association.

You can make a complaint to the Commission instead of reporting the harassment to a person in authority or while your company is following internal processes. You must make a complaint within one year of the incident, otherwise the Commission cannot accept it.

Keep records of the harassment. For example:

• take notes of what happened and when, and how the incident made you feel
• take notes of steps you took to stop the harassment. If you didn’t take any actions, note why
• print off offending emails or messages
• ask witnesses for statements describing what they saw

Your employer or the Commission may ask for information about the harassment. Keep a copy of the records for yourself too.

Learn more by watching the Commission’s video, “I am Being Harassed or Witnessing Harassment. What can I do?”

If you believe you did not get a job because of a protected ground, you may make a complaint to the Commission. You may do so whether you are a job candidate for a new employer or are applying for a new job with your current employer.

If you see someone harassing another person, step in if safe to do so. The person experiencing harassment may be afraid to speak up, so you may be a voice for them.

If your employer has a harassment policy, let the harasser know about it. Report the incident to management or the human resources department and include what you saw. If your employer or the Commission investigates the complaint, you may provide information.

Learn more by watching the Commission’s video, “I am Being Harassed or Witnessing Harassment. What can I do?”

Conflicting medical opinions are common, such as between a family doctor and a specialist, between two specialists, or between a Workers’ Compensation Board (WCB) doctor and an independent doctor.

Usually, an employer will accept the opinion of an independent specialist who practices in the area of the employee’s disability over the opinion of a family doctor. If two specialists give conflicting information, it may be necessary to choose another specialist whom the employee and employer agree on to resolve the conflict.

The Act prohibits anyone (including an employer or manager) from retaliating against a person making a human rights complaint, trying to make a complaint, or helping another make a complaint. This means your employer cannot fire you or treat you negatively for making a complaint about harassment in the workplace.

You can call the Commission anonymously to figure out what steps you should take. Only you can determine how to safely address the situation.

When providing medical information for a medical absence, doctors should:

• make sure the information relates to the operation of the workplace and the employee’s job duties
• certify that the employee cannot work due to a legitimate medical condition
• set out the anticipated length of the absence

Doctors do not need to disclose a diagnosis except in very limited circumstances. In most cases, this medical information is enough to support an employee’s request for a medical absence. However, there may be situations where the employer has reasonable concerns about the validity of a medical note and may need further medical information. For example, the employer may need more information about the nature of the disability and whether it is based on an objective medical evaluation.

Accommodation requests often require more information than medical absences from work.

When providing medical information for returning to work, doctors should provide information including:

• that an employee is fit to return to work
• what functional restrictions and limitations the employee has, and their duration
• whether the treatment or medication the employee is taking will affect the employee’s ability to perform job duties in a satisfactory and safe way

When requesting accommodation at work, an employee must provide enough medical information for their employer to be satisfied that the request is legitimate and for their employer to fully understand their medical restrictions and limitations.

At a minimum, the medical information must certify:

• that the employee is diagnosed with a disability
• the general nature of the disability
• the nature, scope, and duration of restrictions and limitations flowing from the disability

Ideally, the medical information should set out the employee’s required accommodations.

A collective agreement may set out how to request accommodation or the process for resolving disputes. The trade union can help the employer and employee communicate with each other and find a resolution. An employee can report discrimination to the Commission without reporting to their trade union, though the Commission recommends an employee talks to their trade union first.
Read the Trade unions and associations page to learn more.

Human rights laws are only one piece of employment law. There are many laws that govern the relationships between employees, employers, and trade unions and associations.

For example, employment standards laws set out minimum requirements that employers must follow when it comes to employee pay, working hours, terminations, leaves of absence, overtime, and more. Occupational health and safety laws set out rules for ensuring a healthy and safe workplace. Workers’ compensation laws create a no-fault insurance plan to compensate injured workers. Employment insurance laws set out compensation for eligible unemployed workers. Labour laws govern trade unions and employers’ organizations.

Read our Other helpful agencies page to learn more about employment agencies that can help with issues besides human rights.

The Commission can only deal with human rights issues related to employees who are pregnant or parents. However, other laws cover who is eligible for maternity or parental leaves, Employment Insurance (EI) payments, and more. Read our Other helpful agencies page to learn more.

Policies can include many terms and standards related to the workplace. However, employers must make sure policies do not discriminate against employees based on protected grounds. Employers should adopt policies honestly and in good faith, and that relate to the job duties.

Employers can learn more by attending one of the Commission’s public workshops on human rights. Read the Training and development page to learn more or visit the upcoming Events page to register for a workshop. Employers can also work with a lawyer or human resources professional to create policies that comply with human rights laws.

To learn more, watch Effective Harassment Prevention Policy of the Workplace webinar and read the Sample harassment prevention policy and Developing and implementing an effective harassment and sexual harassment policy information sheets.

Trade unions and associations often represent their members when there are human rights issues between members. For example, a trade union helps a member who says they are being harassed. At the same time, they may also help the member who has been terminated for doing the harassing. In some cases, the trade union may decide to represent a member with one part of their grievance while refusing to represent them in another part, such as the harassment issue. Trade unions and associations should consult their legal counsel on the duty to fairly represent members before deciding on how to handle conflicting interests.

Anyone who has reasonable grounds for believing a trade union or association has discriminated may make a complaint to the Commission, including in:

• applying for membership
• working as a probationary employee
• experiencing discrimination in the workplace
• needing accommodation in the workplace
• being a member of a trade union or association

They must make the complaint within one year of the discriminatory act or treatment.

For more information, refer to the Making a complaint page and The complaint process page.

Below are some agencies that may be able to help, depending on your work issue.

Employment standard issues, such as hours of work, pay, job-protected leaves, overtime, and more:

Alberta Employment Standards

• Alberta employment standards information
• 1-877-427-3731

Canada Labour Program (for federally regulated workplaces)

• Federal employment standards information
• Contact information
• 1-800-641-4049

Reporting workplace health and safety concerns:

Alberta Occupational Health and Safety office

• Alberta OHS laws
• 1-866-415-8690

Canadian Centre for Occupational Health and Safety (CCOHS) (for federally regulated workplaces)

• Federal OHS laws
• 1-800-668-4284

Employment insurance (EI) benefits, including maternity and parental leave, disability benefits, and records of employment (ROE):

Employment and Social Development Canada (ESDC)

• Employment insurance (EI) benefits and leave information
• Record of employment (ROE) information
• Contact information for individuals
• Contact information for employers

Labour relations or issues with a union:

Alberta Labour Relations Board

• Alberta labour laws and more information
• 1-800-463-2572

Canada Industrial Relations Board (for federally regulated workplaces)

• Federal labour laws and more information
• 1-800-575-9696

Federal Public Sector Labour Relations and Employment Board (for federal government workers)

• Information for federal government workers
• 1-866-931-3454

Benefits for workplace injuries:

Workers’ Compensation Board Alberta

• WCB information for employers and employees
• 1-866-922-9221

Legal information about workplace rights in Alberta:

Centre for Public Legal Education Alberta (CPLEA)

• Free information for employees and employers

The Act does not define “employee” or “employer.” The law usually considers an employee to be someone who earns their livelihood from an employment relationship. A person is usually an employer if they somewhat control the worker’s ability to earn a livelihood.

When it comes to human rights issues, courts in Canada have given human rights legislation a broad and liberal interpretation. This means human rights law may consider that an employment relationship exists where other laws do not see the relationship in the same way. Before deciding whether an employment relationship exists, the Commission considers many things, such as:

• evidence of employment and employment payments. For example, employment or collective agreements, payroll deductions, or T4 slips.
• whether the employer controls or supervises the worker’s activities
• the employee’s dependency on the employer
• who owns the worker’s tools or equipment, and who profits from and takes on financial risk for the worker’s activities
• to what extent the worker is part of the employer’s organization

Independent contractors, subcontractors, and taxi drivers have all been employees under human rights law. In some situations, volunteers could also be employees under human rights law.

If you are not sure if you are an employee or employer, contact the Commission.

Employers are responsible for their employees’ actions in a case of harassment. An employer may discipline the employee, but the employer is ultimately responsible for a safe workplace.

Employers are responsible for their employees’ actions in a case of harassment. An employer may discipline the employee, but the employer is ultimately responsible for a safe workplace.

Alberta’s Employment Standards Code sets out minimum responsibilities for most employees and employers in Alberta, including termination of employment. If your employer has not provided enough notice or pay in lieu of notice for a without cause termination, contact Alberta’s Employment Standards Office or a lawyer for more help.

Employers have a legal duty to maintain a work environment free from harassment for all employees, customers, and clients. An employer who does not follow up on a harassment complaint may be liable under the Act for not taking prompt and proper action.

Harassment also creates unhealthy and unproductive workplaces. It can be costly for employers in terms of financial costs and employee morale. This is especially true for employers who do not have an effective harassment policy and who do not take complaints seriously.

Finally, employers are responsible for their employees’ actions at work and may be found legally liable in a complaint of harassment.

It depends on the type of housing and when the age restrictions were put in place.

Age means someone 18 years or older. The Act protects individuals 18 years and older from age discrimination. On January 1, 2018, age became a protected ground in the areas of tenancy and goods, services, accommodation, or facilities customarily available to the public (which covers condominiums).

There are three exceptions in the Act for age restrictions:

1. Benefits based on age may only be for minors, or for seniors 55 years and older.
2. Seniors-only housing can impose age minimums for residents.
3. Age-restricted condominiums, co-operative housing units, and mobile home sites can have age restrictions only if the restrictions were in place before January 1, 2018.

Age-restricted condominiums, co-operative housing units, and mobile home sites (with restrictions in place before January 1, 2018) must convert to all-ages housing or to seniors-only housing by January 1, 2033. A new condominium cannot impose age restrictions.

For example, a condominium complex is “adults only” and has an age restriction of 21 and up. Because the restriction was put in place before January 1, 2018, and the Act allows for a 15‑year transition period for existing age‑restricted condominiums, the condominium complex can no longer have an age restriction after December 31, 2032.

For more information on age restrictions in housing and condominiums, refer to the Age discrimination page.

Some people with disabilities may rely on an assistance or support animal, such as a service dog or guide dog. There are also other types of assistance and support animals, such as therapy, companion, or emotional support animals.

The Act and other laws in Alberta protect the rights of individuals to use a qualified service dog or guide dog. Guide dogs are trained as a guide for blind people while service dogs are trained as a guide for disabled persons. Both types of dogs must meet qualifications under the law.

Housing providers (including landlords and condominiums) and goods and services providers cannot discriminate against individuals with a disability who have a qualified service dog or guide dog. They must accommodate these individuals to the point of undue hardship. Providers may also have a duty to accommodate individuals with other types of assistance and support animals. Whether there is a duty to accommodate depends on the situation and reliable medical information confirming the person’s disability and need for the animal.

The Human Rights (Minimum Age for Occupancy) Regulation allows for some exceptions to age restrictions in seniors-only housing. You may live with someone who meets the age restrictions for seniors-only housing if you are:

• an individual providing home-based personal or health care services to the occupant. For example, an occupant’s live-in caregiver.
• a minor related to an occupant by blood, adoption, marriage, or through an adult interdependent partnership, and the occupant becomes your primary caregiver due to an unforeseen event. For example, an occupant’s 16-year-old grandchild for whom they are now the guardian.
• a surviving spouse or adult interdependent partner of the occupant who lived with the occupant at the time of death. For example, a deceased occupant’s surviving spouse who doesn’t meet the age restrictions but was living with the occupant before their death.

You may also live in the unit or site if your occupancy is reasonable and appropriate in the circumstances.

When assessing potential tenants, landlords and housing providers usually ask for information such as rental history and references. While this is usually allowable, courts and human rights tribunals in Canada have found that not renting to tenants based on information about their personal characteristics could be discrimination.

Examples of discrimination include:

• A landlord uses a rent-to-income ratio to screen potential tenants.
• A landlord asks for credit information only from tenants of a particular race, but not others.
• A landlord asks questions that can be used to discriminate against potential tenants based on their personal characteristics, such as family status, marital status, religion, and ancestry.

A condominium corporation consists of all owners of units in a condominium complex and is run by a board of directors (known as a “condominium board”). It is created when a condominium plan is registered with a land titles office.

Human rights laws are one of many laws that apply in housing.

For example, residential tenancies laws include rules that both landlords and tenants must follow when it comes to rent, security deposits, notices, and more. Minimum housing and health standards include rules for ensuring safe, sanitary, and livable properties. Privacy laws require landlords, housing providers, and condominium corporations to get consent when collecting, using, and sharing personal information.

There are also laws for specific types of housing. For example, condominium laws and bylaws only apply to condominiums. Mobile home sites tenancies laws only apply to mobile home site rentals. Subsidized housing or social housing laws apply to subsidized housing or social housing.

Read our Other helpful agencies page to learn more about agencies that can help with issues besides human rights.

Below are some agencies that may be able to help, depending on your housing issue.

Help resolving disputes between landlords and tenants:

Residential Tenancy Disputes Resolution Service (RTDRS)

• Application and hearing information
• 310-0000, then dial 780-644-3000

Affordable housing:

Affordable Housing Programs (Government of Alberta):

• Eligibility and application information
• 1-877-644-9992 (Alberta Supports Contact Centre)

Legal information about landlord and tenancy laws in Alberta:

Laws for Landlords and Tenants in Alberta (by the Centre for Public Legal Education Alberta)

• Free information for landlords and tenants

Legal information about condominium laws in Alberta:

Condo Law for Albertans (by the Centre for Public Legal Education Alberta)

• Free information for condo owners and boards

It depends on what the accommodation request is about. These situations can fall under the areas of both tenancy or goods, services, accommodation, or facilities. Condominium corporations are a service or accommodation provider to all condominium residents. They have a duty to accommodate condominium residents, regardless of whether they own or rent a unit. Landlords who own condominium units also have a duty to accommodate tenants living in their units.

No, goods and services providers cannot discriminate against someone based on a protected ground. However, there is an exception that allows for benefits for minors or seniors. For example, a retailer can offer age-related promotions such as seniors’ discounts. For more information, refer to the Age discrimination page.

If the organization's mission is to serve a specific group, then it may restrict membership or election to the board on that basis. For example, a women's transition home may want to allow only women to sit on its board of directors. The Act allows this restriction only if it is reasonable and justifiable. This means the community organization must show the restriction is necessary for it to carry out its primary mission and it would be unable to accommodate others.

Organizations operating as a private club may restrict their membership or services to individuals based on a protected ground. An organization must show that it restricts membership and services to only those with the protected characteristic, and that it is ameliorative under the Act. 

For example, a religious organization operates as a private club. It can restrict its membership or services to individuals based on their religious beliefs. The organization must show it only restricts its membership and services to people with specific religious beliefs and that it is ameliorative under the Act.

Goods and services providers based outside Alberta but providing services in Alberta must follow Alberta laws, including the Alberta Human Rights Act. This includes chain stores with headquarters outside of Canada or Alberta but who provide services in Alberta.

In some circumstances, denying or restricting access to goods and services may be reasonable and justifiable. A provider may also refuse to offer goods or services to some people based on one or more protected grounds if there is undue hardship.

There may also be some situations where a provider’s discriminatory standard or policy is reasonable and justifiable in the circumstances. For example:

• a retail store denies goods and services to a person if they are abusive towards staff or do not pay for goods
• emergency shelters offer services to people who cannot afford to pay for housing, so they restrict access based on income

The Act also allows for ameliorative programs. For example, organizations can provide services only to a specific gender if they are unable to participate fully in society based on their gender and would not otherwise have access to the services. A recreation organization may set up an exercise program only for women to provide a safe space for these activities in the community.

To learn more, refer to the Duty to accommodate in goods and services page.

The Act protects against discrimination based on age in the protected areas of services and tenancy. For more information, refer to the Making a complaint page.

Anyone who has reasonable grounds for believing they have experienced discrimination when trying to access or use goods and services may make a complaint to the Commission. They must make the complaint within one year of the discriminatory act or treatment.

For more information, refer to the Making a complaint page and The complaint process page.

For more information on consumer goods and services issues, contact:

Government of Alberta Consumer Protection office

• Alberta consumer protection information

Government of Canada Office of Consumer Affairs

• Canada consumer protection information

A hearing before a human rights tribunal is open to the public, except where restricted by a Tribunal Order. A party wanting to have a hearing held in private must make an application to the Tribunal well before the hearing date.

Recording of tribunal proceedings is prohibited. Before being allowed to attend a tribunal hearing, you must confirm that you will not record or broadcast the proceeding. Taking photographs is also not allowed. For more information, read the Tribunal practice direction on public access to hearings and documents.

The Chief of the Commission and Tribunals adjudicates hearings and makes decisions on human rights complaints. Due to the neutrality required in this role as an adjudicator, the Chief cannot speak about complaints currently being processed through our human rights system or human rights decisions.

A person attending a hearing cannot question the parties. Before being permitted to attend a tribunal hearing, you must confirm that you will not interrupt or participate in the proceedings. For more information, read the Tribunal practice direction on public access to hearings and documents.

Media and the public are able to attend tribunal hearings. For more information, read the Tribunal practice direction on public access to hearings and documents.

Information about complaints and about parties to complaints is confidential. The Commission, pursuant to Freedom of Information and Protection of Privacy (FOIP) legislation, is unable to confirm if a complaint has been made or not or provide updates on the status of a complaint.

Complainants or respondents involved in a complaint can contact the human rights officer assigned to their complaint to learn more about the status of their complaint.

Visit our Hearing schedule page for information about upcoming tribunal hearings.

Read our most recent statistics.

In 2022-23, 803 complaints (81% of all closed files) were dealt through the Director's stage of the complaint process. The remaining 185 files (19%) in 2022-23 closed at the tribunal stage. Refer to the Commission’s annual report for more information about complaints.

The Tribunal is independent from the work of the Office of the Director of the Commission in resolving complaints. Complaints at the tribunal stage are resolved through section 26 decisions, tribunal dispute resolution (TDR), pre-hearing, and tribunal hearings. Refer to the Tribunal process page for more information about how human rights complaints are resolved at the tribunal stage.

For the fourth consecutive year, in 2022-23, the number of complaints closed (988) exceeded the number of complaints opened (822).

Human rights complaints are confidential until they go to a tribunal hearing. The Commission cannot speak about individual complaints or decisions at any point in the complaint or tribunal process, even if a complainant or respondent is willing to speak about a complaint. Hearing decisions are posted on the Canadian Legal Information Institute website for the public and media personnel to view.

The Director of the Commission and Complaints Management staff are responsible for resolving human rights complaints using the tools provided in the Alberta Human Rights Act. The Director and staff carry out their complaint resolution duties independently from the Chief and the Members of the Commission. Refer to the Our People page for more information about the Director of the Commission’s role.

The Alberta Human Rights Commission is an independent commission of the Government of Alberta. The Commission falls under the Justice Ministry. The Commission's mandate is to foster equality and reduce discrimination. The Commission provides public information and education programs, and helps Albertans resolve human rights complaints. Visit The Commission page for more information about our mandate and services.

The Alberta Human Rights Commission’s complaint process may involve several steps including intake and assessment, conciliation, Director’s decision, tribunal dispute resolution, and a tribunal hearing. Refer to the Complaint Process page to learn more.

The Chief of the Commission and Tribunals and the Members of the Commission resolve and settle human rights complaints at the Tribunal stage. Their work is separate and distinct from the work of the Office of the Director of the Commission. The Chief:

• decides on requests for review (appeals) of the Director’s decisions to dismiss complaints
• adjudicates hearings and makes decisions on human rights complaints
• appoints Members of the Commission to mediate complaints through Tribunal Dispute Resolution (TDR) and serve on human rights tribunals for the purpose of making decisions about human rights complaints

The Chief of the Commission and Tribunals is responsible for keeping the Minister of Justice informed on human rights issues, setting the overall goals of the Commission, and making decisions on human rights complaints. Refer to the Our people page to learn more about the Chief’s role and responsibilities.

Under the Alberta Human Rights Act, the Commission has authority to deal with complaints of discrimination based on one or more protected grounds and in a protected area.

A person who experiences discrimination in a protected area and based on a protected ground can make a complaint to the Commission within one year of the incident.

As in previous years, in 2022-23, most complaints cited discrimination in the area of employment practices, followed by discrimination in the area of publicly available goods, services, accommodation or facilities.

In 2022-23, physical disability and mental disability were the two most commonly cited protected grounds, followed by gender and race/colour. Notably, the ground of religious beliefs dropped to 8% in 2022-23. The drop is likely due to the overall decrease in the number of vaccine- and mask-related complaints received and accepted.

Read our most recent statistics.

The human rights complaint process is confidential. A complaint only becomes public when a complainant requests a review (appeal) under section 26 or when it goes to a tribunal hearing. Tribunal hearings are open to the public, except where restricted by a Tribunal Order. Section 26 decisions and tribunal decisions are posted publicly on the Canadian Legal Information Institute (CanLII) website and can be accessed free of charge.

Access Tribunal decisions (released after January 1, 2000) free of charge through the Canadian Legal Information Institute (CanLII) website.

The Commission cannot speak out about specific incidents reported in the media where discrimination has been alleged because a complaint about the incident might be made to the Commission. The Commission must maintain neutrality about individual complaints. However, we can discuss grounds and areas protected from discrimination by the legislation, explain the complaint process, and provide general information about human rights that can often provide useful background for a news story.

Signs posted at work usually fall under the employment sections of the Act. If you make a complaint to the Commission because of a sign at work, choose “employment practices” or “employment applications, advertisements, or interviews” on the Complaint Form, depending on the situation.

Yes. Whether the publication is a discriminatory notice under the Act depends on if it is likely to expose a person or group to hatred or contempt.

An employer can collect medical information from employees to determine whether an employee is fit to work or requires accommodation. Refer to the Medical information page to learn more.

Yes, the Act also prohibits discrimination in commercial tenancy. Discrimination in commercial tenancy can occur when a tenant is looking for a commercial space to rent or is already renting a commercial space.

Examples of discrimination in commercial tenancy include:

• renting to people of a particular race but not others
• harassing a tenant
• refusing to renegotiate a lease renewal because of a tenant’s religious beliefs

If you believe you have experienced discrimination in commercial tenancy, refer to the Making a complaint page.

Human rights legislation is designed to prevent discrimination on certain grounds, such as disability and religious beliefs. However, a pandemic and implementation of public health measures are unusual events. The application and interpretation of human rights law continues to evolve.

In deciding if a publication or notice is “likely to expose” a person to hatred or contempt, the Commission considers:

• Does the notice express hatred or contempt based on one or more protected grounds?
• Would a reasonable person think the notice is expressing detestation or vilification of a person or group? (To detest or vilify means to inspire extreme ill-will against someone, to abuse and render them unworthy in the audience’s eyes.)
• What are the likely effects on the targeted person or group?

The Commission also looks at:

• the message in the notice, including the content, tone, images, whether it reinforces existing stereotypes, and surrounding circumstances (such as whether the notice refers to well-known issues)
• the medium, including how credible the notice is, who received it, and the context (for example, whether it is part of a debate, presented as news, or a supposedly authoritative analysis)
• the audience, including how vulnerable the targeted group is

It does not matter if the person did not intend to discriminate. The Commission can decide discrimination exists even if the person publishing or distributing the notice did not intend to discriminate.

The Alberta Human Rights Act balances the goal of eliminating discrimination with the right to freedom of expression.

The Canadian Charter of Rights and Freedoms protects freedom of expression. This means Canadians can freely express their opinions. Note though that section 1 of the Charter allows reasonable and justifiable limitations on Charter freedoms. On the other hand, the Act recognizes the inherent dignity and rights of all persons as the foundation of freedom, justice, and peace in the world.

We must balance a person’s right to express their opinions with our societal values of treating people with dignity and respect.

Discriminatory notices are about human rights. The Alberta Human Rights Act prohibits public notices that show discrimination or that expose a person or group to hate or contempt based on one or more protected grounds.

Defamation is about damaging someone’s reputation. Alberta’s Defamation Act allows you to sue someone in civil court if they publicly publish, broadcast, or speak a false statement. The Criminal Code also makes it a crime for someone to defame you. If you believe someone defamed you, contact a lawyer. There are steps you need to take by certain deadlines before you can sue someone for defamation.

The Act recognizes that sometimes discrimination is reasonable and justifiable in the circumstances. This allows a person or organization responding to a human rights complaint to justify a discriminatory practice, requirement, standard, or policy as being reasonable and justifiable.

A discriminatory practice at work that is reasonable and justifiable is called a bona fide occupational requirement (BFOR). A service provider may have discriminatory standards or policies that are reasonable and justifiable.

Employers, service providers, landlords, and others must meet legal requirements to prove a practice, requirement, standard, or policy is reasonable and justifiable. They must show it:

• was adopted for a purpose that is rationally connected to the function being performed
• was made in an honest and good‑faith belief that it was necessary to fulfill a legitimate purpose or goal
• was reasonably necessary to accomplish that purpose or goal, including that the respondent could not accommodate the complainant without incurring undue hardship

For example, a car insurance company provides different premium rates to people based on a risk assessment of certain age groups. While the company’s rate-setting methods are prima facie (at first glance) discriminatory based on age, the practice of charging more for certain groups is reasonable and justifiable. The insurance company’s methods may be a sound and accepted practice in the industry, and there may be no practical alternatives that are fair to other insured drivers.

Another example is a seniors’ residence only hiring male nursing attendants for male residents who request an attendant of the same gender. A female job applicant applies for a nursing attendant position in the seniors’ residence but is not hired. The employer may have a bona fide occupational requirement, as it is reasonable for residents to have their requests met to preserve their sense of personal dignity and privacy. While the requirement is at first glance discriminatory, it is reasonable and justifiable in the circumstance.

If you are the respondent to a complaint and believe the discrimination described in the complaint is reasonable and justifiable, you should provide detailed information about this in the Response Form.

For more on reasonable and justifiable practices, requirements, standards, or policies, refer to the Defences to Human Rights Complaints human rights guide.

Education and promoting human rights are core functions of the Commission. The Commission is a valuable source of information for individuals and Alberta organizations and businesses wanting to know more about human rights law and how to foster equality and prevent hate, racism, and discrimination. The Commission offers a variety of educational information, resources, and online training about human rights. Refer to the Education and engagement page to learn more about the Commission's education services.

There are resources available for organizations interested in developing a DEI strategy. A possible first step is forming an internal working group or committee. You can also hire experts to provide support for developing and implementing a DEI strategy in your organization. For more information and resources, refer to the Preventing discrimination page.

For more information about human rights, please call our confidential inquiry line. To request printed material, see our online publications and resources order form.

No, they will not. When the Chief or a Member conducts a request for review for a complaint, they are not eligible to hear the complaint. A different Member will be assigned to hear the complaint.

The Tribunal records hearings about the merits of a complaint, not about procedural issues. These recordings are not available to the parties or the public. The Tribunal also does not have a transcript of its hearings. Before the first day of the hearing, a party may request for the Tribunal to record or transcribe the hearing, at the party’s expense. No one else can record or transcribe the hearing.

Refer to the Recordings and transcripts of proceedings practice direction for more information.

Before the end of a tribunal hearing, a party can give notice that they will request costs. A party may file a request for costs within seven days of the end of the tribunal hearing. The request should be sent to the Tribunal Office and other parties and include:

• written submissions outlining why the Tribunal should award costs, and
• the amount of costs the party is requesting.

The other parties do not have to respond to the request for costs unless the Tribunal requests a response. If the Tribunal requests a response, the other parties must respond within seven days of receiving the request and give reasons why they believe a costs award is not appropriate.

Once the Tribunal sets the hearing dates, a party should not request to change the date unless absolutely necessary. A party that needs to request to change the date (an adjournment) should immediately contact the Tribunal Office and the other parties. They must give reasons for why they need to change the dates, such as a death in the immediate family. The Tribunal will consider the adjournment and give its decision on whether or not to adjourn.

Refer to the Adjournments practice direction for more information.

A party can apply to have the hearing held in-person if they need accommodation or believe an electronic hearing would be unfair.

Refer to the Requests for changes to hearing format practice direction for more information.

Participation in TDR is voluntary, so a party can decide not to participate. However, there is a huge benefit to participating.

The Tribunal or Chief of the Commission and Tribunals may use initials to protect the identities of parties or participants in some situations. For example, the Tribunal uses initials to:

• protect the identity of minors under age 18
• protect the identity of parties and participants in a hearing where it is necessary to protect their health or other sensitive information

Refer to the Requests for anonymization of tribunal decisions practice direction to learn more.

Tribunal hearings are open to the public, except where a Tribunal restricts access. Refer to the Tribunal hearing schedule page for more information on upcoming hearings. Read the Public access to hearings and documents practice direction to learn more about requesting access to a hearing.

All decisions, including interim decisions, screening decisions (made under section 26 of the Alberta Human Rights Act), and hearing decisions, are available to the public for free. Refer to the Human rights decisions page to access all Tribunal decisions.

Complaint documents are not available to the public unless a person makes a successful request under the Freedom of Information and Protection of Privacy Act.

Yes. The Tribunal has the authority to compel witnesses to attend a hearing, give evidence, and produce documents. If a party feels it is necessary to make sure a witness attends the hearing, the party can request that the Tribunal sign a notice to attend.

Refer to the Requests for notices to attend practice direction to learn more.

Sometimes, but not always.

The Director, the complainant, and the respondent are all separate parties in the complaint. If the Director has carriage of the complaint, the Director’s lawyer participates in TDR and tribunal hearings.

The Director’s role is to advocate for the public interest. Their lawyer does not represent the complainant or the respondent. The Director’s lawyer only takes instructions from the Director.

In most cases, the interests of the complainant and the interests of the public are very similar. In these cases, the complainant can choose to adopt the position and submissions of the Director’s lawyer, meaning the Director’s and complainant’s submissions are the same.

The complainant may also choose to present their own view of the case. The complainant must prepare their own submissions. The complainant may also wish to hire a lawyer rather than represent themselves.

The Lieutenant Governor appoints Members of the Commission through an Order in Council, either through open competition or direct appointment. Members have:

• law degrees
• knowledge and training in human rights issues
• experience and training in conducting mediations and negotiations

For more information on serving on public agencies, boards, and commissions, refer to the Government of Alberta website.

Learn more about filing and serving documents at the Tribunal by reading the Document filing and service at the Tribunal practice direction.

Each party is responsible for sending the hearing link to their witnesses and any document they will be asked to speak to.

Refer to the Witness testimony and examination at electronic hearings practice direction to learn more.

The Commission aims to:

• Resolve complaints at the Director’s stage within one year. This includes intake and assessment of the complaint, asking for a response to the complaint, conciliation, and a Director’s decision.
• Resolve complaints at the Tribunal stage within one year. This includes tribunal dispute resolution, pre-hearing conferences, and hearings. There are many factors that could impact this time frame, including party-driven delay (e.g. extension requests, preliminary applications, availability).

For the fiscal year 2021-22, complaints took an average of 538 days for the Director and staff to either resolve the complaint or make a decision to dismiss or refer the complaint to the Chief of the Commission and Tribunals. Many complaints resolve at conciliation, which takes less time.

For files that reach the Tribunal stage, in 2021-22, the overall average time for complaints to close was 721 days.

In some circumstances, additional time may be needed to process complaints if:

• complainants or respondents are unable to be reached
• the Commission puts a complaint on hold because it is being heard in another forum
• parties request extensions to submit documents or schedule meetings

Refer to the 2021-22 Annual Report for more information on complaint resolution statistics.

If the Commission does not accept your complaint, we will send you a letter with the reason why. You can ask the Commission to reconsider this decision within 30 days. The Office of the Director of the Commission will assign a different human rights officer to review your complaint again. If the Director’s office does not accept your complaint again, then the decision is final. You cannot appeal this decision to the Tribunal or the Chief. However, you can ask the Court of King’s Bench for a judicial review of the decision.

The Commission not accepting a complaint is different from the Director dismissing the complaint. A dismissal can happen at any time in the complaint process. When the Director dismisses a complaint, the complainant may ask the Chief to review the Director’s dismissal. Refer to the Review of the Director’s dismissal page to learn more.

TDR is faster than a tribunal hearing and can save parties costs and legal fees. TDR takes place early in the Tribunal process. If the parties come to an agreement, they do not go to a tribunal hearing. A tribunal hearing can take many months to prepare for and the decision may not come out for some time after the hearing.

Another benefit of TDR is that the parties have the power to come to a decision together. TDR allows the complainant and respondent to agree on the settlement, while a tribunal hearing places the decision-making power with the Tribunal only.

At the end of the 30-day time limit for the respondent to respond, the Chief will review and decide on the request for review. This process involves reviewing written submissions from the complainant and respondent, as well as information on the complaint file from the Director. The Chief will not require new information from the parties at this point in the process.

The Chief will review:

• all the information reviewed by the Director in making the dismissal decision
• the Director’s decision
• the complainant's request for review and any attachments
• the respondent’s response to the request for review and any attachments

The Chief can also ask a Member of the Commission to review the information and decide on the request for review.

After reviewing the written record, the Chief will decide whether the complaint should have been dismissed. The Chief may uphold (agree with) or overturn (disagree with) the Director’s decision. The Chief will make their decision in writing. The complainant and respondent will receive a letter with the Chief’s decision. The Chief’s decision is final, unless the party has grounds to apply for judicial review.

If the Chief upholds the Director's decision to dismiss the complaint, the complaint file will be closed and it will not go through the Tribunal process.

If the Chief overturns the Director's decision, the complaint will go through the Tribunal process. The complainant must present their complaint to a tribunal (this is called having “carriage of the complaint”). For more on the Tribunal process, refer to The Tribunal process page.

In some situations, if a party is contravening (not following) the terms of a settlement agreement, the Tribunal may make any order it sees fit to remedy the contravention. The Tribunal can make an order if:

• the parties reach a settlement agreement while at the Tribunal, and
• the non-contravening party applies to the Tribunal within six months of the contravention.

Refer to the Contravention of a settlement agreement practice direction to learn more.

The Tribunal has a process for dealing with corporations that are start, struck, or dissolved on the corporate registry, or those without assets. Refer to the Struck and dissolved practice direction to learn more.

The Tribunal has a process for dealing with respondents that go bankrupt. Refer to the Bankrupt respondents and stayed proceedings practice direction for more information.

Judicial review is a process where a justice of the Alberta Court of King’s Bench reviews a decision of the Alberta Human Rights Tribunal or the Director for an error in law.

If you file a judicial review, you must serve it on the Alberta Human Rights Tribunal at OCCTlegal@gov.ab.ca. To apply for judicial review, you must file an Originating Application (Form 7) with the Court within six months from the date of the decision. This is a strict timeline and cannot be extended. You must contact the Court with any questions about this process. The Tribunal Office cannot give any legal advice on court applications. There is a fee to file an originating application. Talk to a lawyer to see if you have a valid reason for judicial review and to get more information on how to apply. For more information on where to get legal help, refer to the Other helpful agencies page.

If the Director dismisses a complaint, the Director will send the complainant a Notice of Dismissal by email or registered mail (only if the complainant does not have email). The 30-day time limit to submit a request for review starts:

• if sent via email, 30 days from the date the Director sends the email
• if sent via registered mail, 30 days from the date the mail is delivered

The 30-day period includes weekends and statutory holidays. Figuring out the 30-day period can be complicated, so contact the Tribunal Office if you have questions.

The Tribunal can decide, or a party can ask the Tribunal, to reconsider a decision. This only happens where there is new evidence that was not available at the hearing or that for good reason was not presented at the hearing. The Tribunal must also believe the evidence is likely to impact the outcome of the complaint. A party may only request a reconsideration within 30 days of the Tribunal’s decision.

Reconsideration is an extraordinary remedy. It is not an appeal of a Tribunal decision. A party cannot ask for a reconsideration to try to address the weaknesses in their case.

All the parties must attend a TDR. If a party is an individual, they must have capacity to make a decision. If they are a minor or otherwise lack capacity, their representative must attend. If the party is an organization, the person or persons who attend on behalf of the organization must have authority to make a decision. A representative cannot attend only to take information back to the individual or organization, as this goes against the settlement objective of the TDR.

The Alberta Public Service Code of Conduct guides staff of the Commission and other public services. A separate Code of Conduct governs Commission appointees, including the Chief of the Commission and Tribunals, the Director of the Commission, and Members of the Commission.

The Commission previously administered the Human Rights and Multiculturalism Grants program, funded through the Alberta Lottery Fund. Alberta’s 2019 Budget transferred the Alberta Lottery Fund to the Alberta Treasury Board and Finance on behalf of the General Revenue Fund and the fund was dissolved.

At present, the Commission no longer offers grant funding. Funding support for human rights projects may be available through other grants programs:

• Government of Alberta's Multiculturalism, Indigenous, and Inclusion Grant Program (MIIG)
• Government of Canada's Anti-Racism Action Program

Individuals, organizations, and communities have the ability and responsibility to create environments where all people are included, respected, and treated equitably. There are many ways for individuals and organizations to prevent and address racism.

Some steps you can take include:

• learning about the history of racism and systemic racism, how it impacts your organization, and how to dismantle systems that oppress people
• creating or updating organizational policies and best practices on countering racism, including their implementation
• providing anti-racism learning opportunities and training for staff, leadership, and board members
• sharing helpful, credible resources with staff, leadership, and board members. This can include Commission resources on those topics.
• forming diversity, equity, and inclusion (DEI) internal working groups or committees
• hiring experts to provide support for developing and implementing DEI strategies
• joining or getting involved with anti-racism organizations or in initiatives such as the Alberta Anti-Racism Advisory Council, Calgary Anti-Racism Action Committee, or Edmonton Anti-Racism Advisory Committee

To learn more about how the Commission can support your efforts, refer to the Education and engagement page.

Microaggressions are indirect, subtle, or unintentional discrimination by words or actions that occur in everyday life. They can occur in the workplace or when a person is accessing services. They are often directed at women or members of racial or ethnic minorities. Microaggressions can be discriminatory.

Individuals, businesses, and organizations have rights and responsibilities in preventing discrimination by creating respectful, inclusive workplaces and responding to discrimination. How you respond depends on whether you experienced or witnessed discrimination, or are responding to a complaint.

For more information, refer to the following resources:

• Preventing Harassment in the Workplace webinar series
• Preventing discrimination page
• Responding to discrimination page

Individuals, organizations, and communities have the ability and responsibility to create environments where all people are included, respected, and treated equitably. There are many ways for organizations to be diverse, respectful, and inclusive.

Some steps you can take include:

• raising awareness of discrimination issues through signage and other communications
• providing learning opportunities and training for staff on human rights
• creating or updating organization policies and best practices on inclusion, including their implementation
• incorporating best practices for ensuring accessible services and creating inclusive spaces, for example:
  • ensuring websites follow the Web Content Accessibility Guidelines (WCAG)
  • allowing service animals
  • making sure programs and services are physically accessible (providing ramps, accessible sidewalks, automatic doors, accessible washrooms, all-gender washrooms, and supports for people who are deaf or hard of hearing)
  • providing spaces for prayer and cultural ceremony, including smudging
  • ensuring 2SLGBTQ+-friendly spaces
• forming diversity, equity, and inclusion (DEI) internal working groups or committees
• hiring experts to provide support for developing and implementing DEI strategies

Refer to the following information on this website to learn more:

• Rights and responsibilities of employers and employees
• Protecting against discrimination in goods and services
• Protecting against discrimination in rental housing
• Protecting against discrimination in condominiums
• How the Commission can support your efforts

Individuals, organizations, and communities have the ability and responsibility to create environments where all people are included, respected, and treated equitably. There are many ways to prevent or respond to hate.

Some steps you can take include:

• learning about hate issues and how to respond to hate incidents
• creating or updating community association policies and best practices on responding to hate, including their implementation
• sharing helpful, credible resources with community members. This can include Commission resources on those topics.
• joining or getting involved with inclusive municipality initiatives such as the Alberta Municipalities WIC Initiative or the UNESCO CIM Initiative

To learn more about how the Commission can support your efforts, refer to the Education and engagement page.

Employers, service providers, housing providers, condominium corporations, and landlords have a duty to take steps to accommodate individual needs to the point of undue hardship. Some hardship may be necessary in accommodating a person. Where an employer, service provider, housing provider, condominium corporation, or landlord says that accommodating a person causes an undue hardship, it must provide proof. In many cases, accommodation measures are simple and affordable and do not create undue hardship.

If you are under 18, the Act protects you from discrimination based on all protected grounds except for age. This means you can only make a human rights complaint based on protected grounds other than age. For example, you cannot make a human rights complaint against a nightclub for only allowing entry to those 18 years of age and older. However, you may make a complaint if a store denies you service because of your gender identity or gender expression.

It depends. If the person requesting accommodation refuses reasonable and appropriate accommodation, then the employer, service provider, or landlord has likely met their legal responsibilities.

If the employer, service provider, or landlord fails to accommodate the person to the point of undue hardship, then they may be contravening (going against) the Act. The person requesting accommodation can discuss their situation with human resources and may choose to file a complaint with their employer or ultimately make a human rights complaint with the Commission. You have one year after the discriminatory act or treatment to make a complaint to the Commission.

For more information about the complaint process and remedies, refer to the Making a complaint page.

A BFOR is a standard or rule that is necessary for carrying out the requirements of a particular position within a workplace. For a standard to be a BFOR, an employer must establish that any accommodation or changes to that standard or rule would create an undue hardship.

For example, a seniors’ residence only hires male nursing attendants for male residents who request an attendant of the same gender. A female job applicant applies for a nursing attendant position in the seniors’ residence but is not hired. The employer may have a bona fide occupational requirement, as it is reasonable for residents to have their requests met to preserve their sense of personal dignity and privacy. While the requirement is at first glance discriminatory, it is reasonable and justifiable in the circumstance.

For more on BFOR, refer to the Defences to Human Rights Complaints guide

Employers, service providers, landlords, and others have a duty to accommodate. This means making changes to rules, standards, policies, workplace culture, and physical environments to eliminate or reduce the negative impact that someone faces because of a protected ground. The goal of accommodation is to provide an equal opportunity for an individual or group to participate in any of the protected areas under the Act.
Employers, service providers, or landlords who receive a request for accommodation must take reasonable steps to accommodate the person’s needs to the point of undue hardship.

Read the Duty to accommodate page to learn more.

Accommodation may cause some inconvenience, disruption, and expense to an employer, service provider, or landlord, but the law requires accommodation to the point of undue hardship.

Undue hardship occurs if accommodation would create significantly onerous conditions for an employer, service provider, or landlord. For example, this may include intolerable financial costs or serious disruption to business. Other factors that may determine if undue hardship would occur include:

• size and resources of the employer, service provider, or landlord
• interchangeability of work force and facilities (the ability to adjust positions, roles, duties, or job location)
• health and safety concerns

Undue hardship is unique to every situation. Certain accommodation may create undue hardship for one employer, service provider, or landlord but not for another. For example, a business with three employees may not be able to accommodate a request for revised work hours as easily as a business that has 25 employees.

For more information on undue hardship, refer to the Duty to Accommodate human rights guide.

• Dr. Evaristus Oshionebo (Acting) (September - November 2022)
• Collin May (July - September 2022)
• Kathryn Oviatt, K.C. (Acting) (January - July 2022)
• Michael Gottheil (August 2018 - January 2022)
• William D. McFetridge, K.C. (Acting) (August 2017 - August 2018)
• Robert A. Philp, K.C. (July 2014 - June 2017)
• Honourable David Blair Mason, K.C. (2009 - 2014)
• Brenda F. Scragg (Acting) (2008 - 2009)
• Charlach Mackintosh (1994 - 2008)
• Jack O'Neill, CC (1993 - 1994)
• Fil B. Fraser, CM (1989 - 1992)
• Stan Scudder (1986 - 1989)
• Marlene Antonio (1981 - 1986)
• Bob Lundrigan (1979 - 1981)
• Dr. Max Wyman (1973 - 1979)

Note that before October 1, 2009, the Chief of the Commission and Tribunals was referred to as the Chief Commissioner.

People who need accommodation because of a protected ground, such as a disability, can request accommodation. For example, this can include:

• employees or job candidates
• union members
• current or potential tenants
• housing cooperative members
• condominium owners or renters
• students
• customers or anyone trying to access or use a good or service

The reason for accommodation must be based on a need related to a protected ground under the Act.

The duty to accommodate applies to individuals and groups under the Act, which includes:

• employers
• landlords
• housing providers
• business owners
• public service providers
• educational institutions
• professional associations
• trade unions
• condominium corporations