Trade unions and associations

The Alberta Human Rights Act prohibits discrimination in the area of membership in trade unions, employers' organizations, or occupational associations.
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How does the Alberta Human Rights Act protect against discrimination in membership in trade unions, employers’ organizations, or occupational associations?

The Alberta Human Rights Act protects against discrimination in the area of membership in trade unions, employers’ organizations, or occupational associations (referred to as “trade unions and associations”). This means trade unions and associations cannot exclude, discriminate against, remove, or suspend a member based on a protected ground.

A trade union is an organization of employees that manages the relationship between employees and employers. An employers’ organization is an organization of employers that manages the relationship between employees and employers. Whereas a trade union is for employees, an employers’ organization is for employers. An occupational association is an organization in which employees must be a member to carry on a trade, occupation, or profession. An occupational association is not a trade union or an employers’ association.

What you need to know

  • Trade unions and associations cannot exclude, discriminate against, remove, or suspend members based on a protected ground, unless it is reasonable and justified.
  • Trade unions and associations cannot participate in the creation of discriminatory collective agreements or workplace policies.
  • Trade unions and associations have a duty to accommodate their members, to the point of undue hardship.
  • Trade unions and associations can help members with human rights issues against their employer, including participating with the employer in the accommodation process for their members.
  • Trade unions and associations share responsibility with the employer to create a workplace free from discrimination.

Discrimination against members

Trade unions and associations cannot discriminate against members or potential members based on one or more protected grounds. Trade unions and associations also have a duty to accommodate members to the point of undue hardship.

Examples of discrimination by trade unions and associations include:

  • excluding or discriminating against members based on a protected ground, including a disability (such as a drug or alcohol dependency) or place or origin (such as foreign credentials)
  • creating a discriminatory policy in the collective agreement or other organization policy
  • refusing to fulfill its duty to accommodate to the point of undue hardship
  • opposing an employer's attempt to provide reasonable accommodation
  • retaliating by reducing services to a member who makes a human rights complaint
  • excluding, removing, or suspending a member based on one or more protected grounds
  • refusing to file a grievance or help with a human rights complaint when the refusal is based on a protected ground

A member who believes their trade union or association has discriminated against them can make a human rights complaint against their trade union or association. The member must make the complaint within one year of the discriminatory incident.

Helping members with human rights issues

Trade unions and associations can help members with human rights issues. Some of the actions a trade union or association can take are:

  • keeping an open dialogue and making sure members are aware of meetings and decisions that affect their interests
  • consulting with members about their needs
  • helping members identify possible solutions
  • working with members and employers to find accommodation options
  • reviewing workplace policies and procedures for resolving complaints
  • advocating for members
  • referring members to the Commission and informing them of the one-year limitation period for making a complaint to the Commission

For example, a member may feel uncomfortable working with someone harassing them. In response, the trade union could suggest the employer separate the person experiencing harassment from the person doing the harassing.

Trade unions can also work with employers to accommodate a member’s needs based on a protected ground. For example, a trade union can help a member with a disability to communicate their accommodation needs. The trade union may need to educate and inform other members and co-workers about the duty to accommodate to understand why a member is being accommodated.

An employee who believes their employer has discriminated against them can make a human rights complaint against their employer. The member must make the complaint within one year of the discriminatory incident. A person who brings a grievance about human rights issues may be limited in also bringing a human rights complaint. If the facts of your dispute could be addressed through both a grievance and a human rights complaint, you should seek legal advice to determine where to proceed.

FAQs

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.

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.

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.

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.

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.

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.

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.