Podcast
Questions and Answers
An employer dismisses an employee due to repeated tardiness. The employee claims this is due to a medical condition causing unpredictable delays. What should the employer do first to ensure they meet their obligations under human rights legislation?
An employer dismisses an employee due to repeated tardiness. The employee claims this is due to a medical condition causing unpredictable delays. What should the employer do first to ensure they meet their obligations under human rights legislation?
- Terminate the employee, as punctuality is an essential job function.
- Engage in a discussion with the employee and gather medical information to understand the condition and explore possible accommodations. (correct)
- Immediately offer the employee a severance package.
- Implement a strict attendance policy for all employees.
What should a job application form AVOID to ensure compliance with human rights legislation?
What should a job application form AVOID to ensure compliance with human rights legislation?
- Eliciting information that directly or indirectly excludes individuals on non-job-related grounds. (correct)
- Requesting references from previous employers.
- Asking about educational qualifications.
- Including an attestation clause.
What is a key difference between the Alberta Human Rights Act and the BC Human Rights Code regarding protected grounds?
What is a key difference between the Alberta Human Rights Act and the BC Human Rights Code regarding protected grounds?
- Alberta includes 'source of income' as a protected ground, while BC does not.
- BC includes 'source of income' as a protected ground, while Alberta does not.
- Alberta includes 'political belief' as a protected ground, while BC does not.
- BC includes 'criminal or summary conviction unrelated to employment' as a protected ground, while Alberta does not. (correct)
In the context of human rights, what does 'systemic discrimination' refer to?
In the context of human rights, what does 'systemic discrimination' refer to?
When investigating a harassment complaint, what is the MOST important factor to consider?
When investigating a harassment complaint, what is the MOST important factor to consider?
In Alberta and British Columbia, what is required regarding equal pay for equal work?
In Alberta and British Columbia, what is required regarding equal pay for equal work?
What factor is LEAST relevant when determining if a job requirement is a Bona Fide Occupational Requirement (BFOR)?
What factor is LEAST relevant when determining if a job requirement is a Bona Fide Occupational Requirement (BFOR)?
In the context of employment law, what does 'undue hardship' typically refer to?
In the context of employment law, what does 'undue hardship' typically refer to?
After determining functional abilities through a discussion and consent, what is the next step an employer should take to fulfill the duty to accommodate a disability?
After determining functional abilities through a discussion and consent, what is the next step an employer should take to fulfill the duty to accommodate a disability?
Which of the following statements is MOST accurate regarding the duty to accommodate religious beliefs in the workplace?
Which of the following statements is MOST accurate regarding the duty to accommodate religious beliefs in the workplace?
What is the definition of a Bona Fide Occupational Requirement?
What is the definition of a Bona Fide Occupational Requirement?
What should the employer do when fulfilling the duty to accommodate a disability?
What should the employer do when fulfilling the duty to accommodate a disability?
Which of the following constitutes special exemptions for organizational membership of an organization?
Which of the following constitutes special exemptions for organizational membership of an organization?
Which is is true when testing positive for drugs?
Which is is true when testing positive for drugs?
How do the Alberta and British Columbia human rights legislation primarily seek to balance the rights of organizations with specific membership criteria and the principle of non-discrimination?
How do the Alberta and British Columbia human rights legislation primarily seek to balance the rights of organizations with specific membership criteria and the principle of non-discrimination?
In what scenario is on-the-job selective drug testing most likely to be legally justifiable, according to human rights principles?
In what scenario is on-the-job selective drug testing most likely to be legally justifiable, according to human rights principles?
Once an employee tests positive for drugs or alcohol during legally justifiable on-the-job testing, what action best balances the employer's need for workplace safety and the employee's rights?
Once an employee tests positive for drugs or alcohol during legally justifiable on-the-job testing, what action best balances the employer's need for workplace safety and the employee's rights?
What factor is least likely to be important when evaluating the legitimacy and impact of a prima facie complaint of discrimination?
What factor is least likely to be important when evaluating the legitimacy and impact of a prima facie complaint of discrimination?
Under what specific circumstance is an employer generally permitted to conduct pre-employment medical or fitness examinations?
Under what specific circumstance is an employer generally permitted to conduct pre-employment medical or fitness examinations?
What is a crucial element an employer should ensure when creating a job description to mitigate potential human rights issues in recruitment?
What is a crucial element an employer should ensure when creating a job description to mitigate potential human rights issues in recruitment?
Why is it problematic for agencies to act on requests to hire people based on preferences related to prohibited grounds of discrimination?
Why is it problematic for agencies to act on requests to hire people based on preferences related to prohibited grounds of discrimination?
Regarding an employer's duty to accommodate, who holds responsibility?
Regarding an employer's duty to accommodate, who holds responsibility?
What conditions or factors are considered to determine 'undue hardship'?
What conditions or factors are considered to determine 'undue hardship'?
The 'legal test' for prima facie discrimination states that the complainant has a characteristic protected by the legislation, but what else?
The 'legal test' for prima facie discrimination states that the complainant has a characteristic protected by the legislation, but what else?
Why it is important that the investigator of a harassment complaint is unbiased?
Why it is important that the investigator of a harassment complaint is unbiased?
When are accommodations 'reasonable'?
When are accommodations 'reasonable'?
Within the parameters of human rights jurisprudence, what constitutes the MOST precise definition of 'discrimination'?
Within the parameters of human rights jurisprudence, what constitutes the MOST precise definition of 'discrimination'?
What critical element should an employer incorporate into a job description to proactively mitigate potential human rights issues during the recruitment phase?
What critical element should an employer incorporate into a job description to proactively mitigate potential human rights issues during the recruitment phase?
What stringently applied conditions must be satisfied for a workplace policy, practice, or requirement to be legitimately classified as a Bona Fide Occupational Requirement (BFOR)?
What stringently applied conditions must be satisfied for a workplace policy, practice, or requirement to be legitimately classified as a Bona Fide Occupational Requirement (BFOR)?
Employment agencies cannot act on employer requests to exclusively target or exclude candidates based on characteristics protected under human rights legislation. Why?
Employment agencies cannot act on employer requests to exclusively target or exclude candidates based on characteristics protected under human rights legislation. Why?
What is the potential significance of the specific phrasing used in a job advertisement, particularly concerning human rights legislation in Alberta and British Columbia?
What is the potential significance of the specific phrasing used in a job advertisement, particularly concerning human rights legislation in Alberta and British Columbia?
Based on human rights and accommodation principles, why should employers generally refrain from conducting mandatory pre-employment drug and alcohol testing?
Based on human rights and accommodation principles, why should employers generally refrain from conducting mandatory pre-employment drug and alcohol testing?
What specific conditions or factors determine whether an accommodation measure imposes 'undue hardship' on an employer, thereby relieving them of the obligation to provide it?
What specific conditions or factors determine whether an accommodation measure imposes 'undue hardship' on an employer, thereby relieving them of the obligation to provide it?
Under what circumstance might a display that would otherwise be considered discriminatory be permitted under the Alberta Human Rights Act?
Under what circumstance might a display that would otherwise be considered discriminatory be permitted under the Alberta Human Rights Act?
What is one permissible exception to the prohibition of discrimination in employment practices under the Alberta Human Rights Act?
What is one permissible exception to the prohibition of discrimination in employment practices under the Alberta Human Rights Act?
According to the Alberta Human Rights Act, under what conditions is it permissible for an organization to limit membership based on shared characteristics?
According to the Alberta Human Rights Act, under what conditions is it permissible for an organization to limit membership based on shared characteristics?
Under what conditions does the Alberta Human Rights Act deem a contravention of the Act to not have occurred?
Under what conditions does the Alberta Human Rights Act deem a contravention of the Act to not have occurred?
What is the primary goal of accommodation as it relates to human rights legislation?
What is the primary goal of accommodation as it relates to human rights legislation?
According to legal standards, up to what point is an employer, service provider, or landlord expected to provide accommodation?
According to legal standards, up to what point is an employer, service provider, or landlord expected to provide accommodation?
Which of the following scenarios would MOST likely be considered a situation of 'undue hardship' for an employer?
Which of the following scenarios would MOST likely be considered a situation of 'undue hardship' for an employer?
How should an employer handle objections from other employees regarding a proposed accommodation?
How should an employer handle objections from other employees regarding a proposed accommodation?
What is a key consideration when assessing whether financial costs constitute 'undue hardship'?
What is a key consideration when assessing whether financial costs constitute 'undue hardship'?
Under what circumstance might an employer refuse to accommodate an employee's long-term absenteeism due to disability?
Under what circumstance might an employer refuse to accommodate an employee's long-term absenteeism due to disability?
What type of information is an employer generally entitled to request when an employee seeks accommodation based on a disability?
What type of information is an employer generally entitled to request when an employee seeks accommodation based on a disability?
Which of the following is typically NOT required of an employee when requesting accommodation for a disability?
Which of the following is typically NOT required of an employee when requesting accommodation for a disability?
What does the concept of a 'reasonable and justifiable contravention' allow?
What does the concept of a 'reasonable and justifiable contravention' allow?
In the context of employment, what does the term 'bona fide occupational requirement' (BFOR) refer to?
In the context of employment, what does the term 'bona fide occupational requirement' (BFOR) refer to?
Which of the following actions best demonstrates an employer fulfilling their duty to accommodate religious beliefs?
Which of the following actions best demonstrates an employer fulfilling their duty to accommodate religious beliefs?
What should an employer do if an employee requests accommodation related to family status obligations?
What should an employer do if an employee requests accommodation related to family status obligations?
What steps can an employee take if they believe their employer has failed to provide reasonable accommodation?
What steps can an employee take if they believe their employer has failed to provide reasonable accommodation?
An employee requests a modified work schedule due to a medical condition. What should the employer do FIRST?
An employee requests a modified work schedule due to a medical condition. What should the employer do FIRST?
To what extent are employers required to accommodate the needs of pregnant employees?
To what extent are employers required to accommodate the needs of pregnant employees?
An employee who is transgender requires medical time off. Under what term are they protected by the Human Rights Act?
An employee who is transgender requires medical time off. Under what term are they protected by the Human Rights Act?
What is the definition of physical disability under the Act?
What is the definition of physical disability under the Act?
What can an employer ensure to so to create and maintain a workplace environment free of discrimination?
What can an employer ensure to so to create and maintain a workplace environment free of discrimination?
Flashcards
Workplace Requirements
Workplace Requirements
Employers must maintain discrimination and harassment-free workplaces throughout employment.
Focus on Results
Focus on Results
Discrimination doesn't require intent; it's about the discriminatory result.
Employment Equity
Employment Equity
Ensuring equal opportunity in hiring and promotions.
Equal Pay
Equal Pay
Equal rates for similar work, regardless of gender, in Alberta and British Columbia.
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
A valid job requirement, even if it seems discriminatory. For example, a firefighter must be able to carry people out of burning buildings, and therefore be physically fit.
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File Complaint quickly
File Complaint quickly
File promptly; Alberta: 1yr incident, BC: 6 months incident.
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Job Description Necessity
Job Description Necessity
Policy that meets employer's needs, identifies essential job elements.
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Agency Responsibility
Agency Responsibility
Cannot discriminate and must fairly represent qualifications.
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Job Ad Rules
Job Ad Rules
Prohibits ads that directly or indirectly discourage applications based on protected grounds.
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Application Form Standards
Application Form Standards
Avoid bias, check accuracy, and attest.
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Post-Offer Information
Post-Offer Information
Medical tests, license, and immigration proof.
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Medical Test Rules
Medical Test Rules
Must be bona fide, consistent, and confidential.
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Drugs & disability
Drugs & disability
Drug use is considered a disability.
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Accommodation Shared Duty
Accommodation Shared Duty
Employer, employee, and union—collaborate to meet needs.
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Undue Hardship Review
Undue Hardship Review
Factors like cost, operations, moral and rights considered.
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Disability Steps
Disability Steps
Gather, consult, modify, assess, implement, and document.
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Substance abuse
Substance abuse
Abuse of any sort counts.
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Religion Conflict
Religion Conflict
Religious or dress conflicts resolved by changes and agreements.
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Family Accomodations
Family Accomodations
Flexible roles/times for pregnancy. Legal test for family status.
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Accomadation for Elderly
Accomadation for Elderly
Needs for workers as their social needs change.
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On the job testing
On the job testing
Selective tests for suspicion.
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Harassment rules
Harassment rules
In AB/BC, its a protected ground if associated with contempt or hatred.
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Sexual Harassment
Sexual Harassment
Behavior is not welcome or known.
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Harassment determination
Harassment determination
Can a normal person think the behavior is bad.
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Liability coverage
Liability coverage
Vicarious liability can show ignorance, diligance, and response.
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Investigation steps
Investigation steps
Prompt, unbiased, and fair.
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Employer requirements
Employer requirements
Maintaining workplaces free from discrimination and harassment.
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Discrimination Claim Test
Discrimination Claim Test
A complainant must have a characteristic protected by legislation.
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Legal test parts 2/3
Legal test parts 2/3
A complainant must show adverse impact and causation.
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Systemic discrimination
Systemic discrimination
Policies appearing neutral having discriminatory effects.
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Legislation Coverage
Legislation Coverage
Goods, services, housing, and employment.
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Alberta Protected Grounds
Alberta Protected Grounds
Race, religion, colour, gender, sexual orientation, disability, age, ancestry.
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BC Protected Grounds
BC Protected Grounds
Race, religion, colour, sex, sexual orientation, disability, age, ancestry, political belief, conviction unrelated to employment.
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Discrimination Test Qualifiers
Discrimination Test Qualifiers
They were qualified, not hired, and someone less qualified/sought applications
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Discrimination exceptions
Discrimination exceptions
When it is justifiable and reasonable for their job duties.
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Complaint Remedies
Complaint Remedies
To stop an action or beahvior and be corrected.
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Essential Requirements Limit
Essential Requirements Limit
An employer must accommodate to 'undue hardship'.
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Interview conduct
Interview conduct
Avoiding discouragement of candidate based on non-job content.
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Conditional Standards
Conditional Standards
Basic standards, insurance, etc.
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Accommodation Principles
Accommodation Principles
Principles of individualization, dignity, and inclusivity.
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Documenting accommodation
Documenting accommodation
The actions needed by disabled person is determined.
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What consistutes Accomodation
What consistutes Accomodation
Offering to get rehabilitation or other aid.
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Religious Belief Exception
Religious Belief Exception
Not taking actions for workplace safety reasons.
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Harassment behaviors
Harassment behaviors
Verbal, physical, or offensive abuse.
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Harassment free conduct
Harassment free conduct
Having proper rules and policies to encourage fairness.
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Poisoned Work Environment
Poisoned Work Environment
Occurs when comments or actions create a hostile or unwelcoming work environment.
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Sexual Solicitation
Sexual Solicitation
A situation where advancement or retention hinges on sexual favors.
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Vicarious Liability
Vicarious Liability
Liability for discriminatory acts by agents or employees.
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Preventative Action
Preventative Action
Actively preventing harassment and responding appropriately to complaints.
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Act's Effect on Provincial Laws
Act's Effect on Provincial Laws
When a law conflicts with the Alberta Human Rights Act, the law is inoperative to the extent of the conflict, unless explicitly stated otherwise.
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Alberta Heritage Day
Alberta Heritage Day
First Monday in August, recognizing Alberta's cultural heritage.
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Discrimination in Publications
Discrimination in Publications
Prohibits publishing statements that indicate discrimination or expose individuals to hatred or contempt.
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Discrimination re Goods/Services
Discrimination re Goods/Services
Denying or discriminating against access to goods, services, accommodation, or facilities that are customarily available to the public.
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Benefit based on age
Benefit based on age
Section 4 as it relates to age does not apply with respect to the conferring of a benefit on minors or individuals who have reached a specified age not less than 55.
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Minimum Age for Occupancy Rules
Minimum Age for Occupancy Rules
Regulations regarding minimum age for occupancy in residential units, housing units, or mobile home sites, under certain conditions.
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Discrimination re Tenancy
Discrimination re Tenancy
Denying or discriminating against someone's right to tenancy in a commercial unit or self-contained dwelling unit based on protected grounds.
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Regulation creation (Age)
Regulation creation (Age)
The Lieutenant Governor in Council has the ability to add regulations regarding accommodation and minimum age requirements.
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Equal Pay Mandate
Equal Pay Mandate
Employers must pay employees of both sexes the same rate when they perform the same or substantially similar work.
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Employment Discrimination
Employment Discrimination
Refusing to employ, or discriminate against someone regarding employment based on race, religion, gender, disability, etc.
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Job Ads & Applications Bias
Job Ads & Applications Bias
Prohibits discriminatory limitations in job applications and advertisements based on protected grounds.
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Union/Organization Membership
Union/Organization Membership
Trade unions/employer organizations cannot exclude, expel, suspend, or discriminate against members based on the specific protected grounds.
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Complaint Protection
Complaint Protection
Retaliating against someone who has made a complaint, given evidence, or assisted in a complaint under this Act is prohibited.
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Ameliorative programs are okay
Ameliorative programs are okay
Planning policies that have the amelioration of disadvantaged people as their objective.
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Reasonable and Justifiable Contravention
Reasonable and Justifiable Contravention
Showing that the alleged contravention was reasonable and justifiable in the circumstances is valid.
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Crown is bound by the law
Crown is bound by the law
The prohibitions outlined in the Alberta Human Rights act apply to the crown.
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Governer Designates Member
Governer Designates Member
Designating one member as the Chief of Commission and Tribunals.
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Commission Function
Commission Function
To forward the principle that all persons are equal in dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression.
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Commission Bylaws
Commission Bylaws
The Commission can create Bylaws related to how it operates and functions and carries out duties under the law.
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Lieutenant Governor Appointment
Lieutenant Governor Appointment
The Lieutenant Governor can appoint a director to administer the Act.
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Making of a complaint
Making of a complaint
Any person who has reasonable grounds for believing that a person has contravened this Act may make a complaint to the Commission.
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Investigator Rights
Investigator Rights
An investigator makes inquiries relevant to the investigation and demands documentation.
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Act Definitions
Act Definitions
The Act defines Commercial Unit, Age, Physical disability.
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What is Accommodation?
What is Accommodation?
Changes to rules or environments to reduce negative impact based on protected grounds.
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What is Duty to Accommodate?
What is Duty to Accommodate?
Employer/provider obligation to adjust conditions to address discrimination.
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What is Undue Hardship?
What is Undue Hardship?
The point where accommodation causes intolerable financial costs or serious disruption.
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What's Individualized Assessment?
What's Individualized Assessment?
Evaluating individual needs for flexible and creative solutions.
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Who must Accommodate?
Who must Accommodate?
Employers, landlords, service providers, educational institutions.
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Who can request accomodation?
Who can request accomodation?
Employees, prospective employees, tenants, students, customers.
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Factors of Undue Hardship
Factors of Undue Hardship
Substantial financial costs, disruption of operations, morale problems.
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Steps for Absenteeism
Steps for Absenteeism
Attempt to accomodate and warn about termination of employment.
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Medical information needed.
Medical information needed.
Functional limitations and necessary accommodations requested.
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Employer responsibilities
Employer responsibilities
Determine protected ground, respect dignity, be flexible.
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Making a Formal Agreement
Making a Formal Agreement
Written Accomodation Agreement
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Consequences Faliing to Accommodate
Consequences Faliing to Accommodate
Discuss internally and with the HRC.
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Bona Fide Occupational Requirement
Bona Fide Occupational Requirement
A job requirement is a business necessity.
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Meiorin test
Meiorin test
A standard connected to the job that's honest and necessary.
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Evaluating standards
Evaluating standards
Alternative Approach
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Obligation to take reasonable steps
Obligation to take reasonable steps
To the point of undue hardship.
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Accommodating a Physical Injury Requirement
Accommodating a Physical Injury Requirement
Limited to light and sedentary activity.
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Determining Discrimination
Determining Discrimination
Whether that constitutes disability.
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Religious Belief
Religious Belief
A system of belief, worship, and conduct.
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Accommodating Religious Beliefs
Accommodating Religious Beliefs
Modified break schedules or work duties.
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Accommodating Family Status
Accommodating Family Status
Meeting childcare obligations.
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Requirement of Employee
Requirement of Employee
The need to adjust work.
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The duty in the area of services
The duty in the area of services
To the point of undue hardship.
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Grismer Case
Grismer Case
The rigid vision.
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Meiorin Case
Meiorin Case
The 3 part test.
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Introduction
- The Alberta Human Rights Commission produces the guide.
- It discusses the principles of human rights law and is based on decisions made by human rights panels, tribunals, and courts.
- Decision-makers have interpreted sections of the Alberta Human Rights Act based on the facts of relevant cases.
- The Commission's application of the Act evolves with case law.
- The guide helps individuals, employers, service providers, and policy-makers understand their rights and responsibilities under Alberta's human rights law, particularly regarding the duty to accommodate.
- It assists organizations and individuals in setting standards for behavior that complies with human rights law, relating to identifying and implementing accommodations or determining whether an action meets an exception.
- The information in the guide was current at the time of publication; contact the Commission with questions.
- The guide does not provide legal advice; legal counsel should be consulted for such advice.
Introductions to the Act
- The Act recognizes the equality of all people in dignity, rights, and responsibilities, regardless of race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
- Each of these categories is referred to as a protected ground.
- Accommodation means making changes to rules, standards, policies, workplace cultures, and physical environments to eliminate or reduce the negative impact faced due to a characteristic falling within a protected ground or grounds.
- The duty to accommodate is the responsibility of the employer, service provider, or landlord to adjust employment or service conditions to address any prima facie (on its face) discrimination.
- The person needing accommodation must participate in the process, cooperate with the employer, service provider, or landlord, and accept reasonable accommodation efforts.
Duty to Accomodate
- In all situations where there is a duty to accommodate, the employer, service provider, or landlord must provide accommodation to the point of undue hardship.
- Goal of accommodation is to provide an equal opportunity to participate in any area protected by the Act.
- These areas include goods, services, accommodation or facilities customarily available to the public (e.g., restaurants, stores, hotels, or municipal and provincial government services) (section 4), residential or commercial tenancy (section 5), employment practices (section 7), employment applications and advertisements (section 8), and membership in trade unions, employers' organizations, or occupational associations (section 9).
- The Act protects Albertans in the area of equal pay; Section 6(1) states that employees of both sexes performing the same or substantially similar work must be paid the same rate of pay.
- Accommodation is a way to balance the diverse needs of individuals and groups with the needs of organizations and businesses in society.
- It may cause inconvenience, disruption, and expense to the employer, union, or service provider, it is still required by law to the point of undue hardship.
- The accommodation process is most successful when everyone participates and communicates effectively to come up with flexible solutions.
- While the accommodation process may involve challenges and costs, it helps create an inclusive society that respects diversity and human rights.
- The legal duty to accommodate a person's needs based on certain protected grounds is well established in Canadian human rights law.
- An exception to the duty to accommodate is when the organization can establish that its decision not to accommodate was reasonable and justifiable in the circumstances which includes accommodation that would cause undue hardship.
- The duty to accommodate has both a substantive and procedural component; substantive refers to the accommodation offered, and procedural refers to the process used to find it.
- Creating an appropriate substantive accommodation requires an individualized assessment and flexible and creative search.
- The employer or service provider must engage the individual or group and the union (if applicable) during the process and provide notice that the assessment will take place, and then consult with the person or group and union about appropriate accommodation methods.
- Examples of accommodations include time off for extended illness, modifying work environments for service dogs, ensuring accessibility for wheelchair users, modifying work duties/responsibilities, purchasing adaptive equipment such as chair lifts, and providing space and time for religious practices.
Who Must Accommodate and Who Can Request
- The duty to accommodate applies to employers, landlords, business owners, public service providers, educational institutions, professional associations, trade unions, and other individuals and groups.
- Those who have a duty to accommodate can generally be referred to employers and service providers.
- People who need accommodation to overcome a disadvantage caused by a rule or practice may include employees, prospective employees, union members, tenants, students, and customers.
- The reason for the accommodation must be based on a need related to a ground protected under the Act.
Accomodation Requirements and Undue Hardship
- The Supreme Court has ruled that employers and service providers have a legal duty to take reasonable steps to accommodate individual needs to the point of undue hardship.
- To substantiate undue hardship, there must be significant inconvenience or expense.
- Many accommodation measures are simple and affordable and do not create undue hardship.
- Undue hardship occurs if accommodation would create significantly onerous conditions for an employer or service provider, like intolerable financial costs or serious disruption to business.
- An employer or service provider must make every effort to make a reasonable accommodation. Only when undue hardship is reached is the duty to accommodate fulfilled.
- To determine if undue hardship would occur, the employer or service provider should review factors like Financial costs, Size and resources, Disruption of operations, Morale problems of other employees, Substantial interference with the rights of other individuals or groups, Interchangeability of work force and facilities, Health and safety concerns
- Financial costs must be substantial and significantly affect productivity or efficiency. Lost revenue should be considered, but may not be a factor if offset by increased productivity, tax exemptions, grants, subsidies, or other gains. Financial costs do not include expenses of complying with other legislation or regulations.
- Size and resources of the employer or service provider: The cost of modifying premises or equipment and the ability to pay those costs in installments will be taken into consideration. The larger the operation, the more likely it can afford to support accommodations without undue hardship.
- Disruption of operations: The extent to which the inconvenience would prevent the employer or service provider from carrying out essential business activities. Modifying a workspace in a way that interferes with workflow may be considered too disruptive.
- Morale problems of other employees: Morale problems could stem from increased workload on other employees due to an accommodation.
- Substantial interference with the rights of other individuals or groups: A proposed accommodation should not significantly interfere with the rights of others or discriminate against them. A substantial departure from a collective agreement could be a serious concern.
- Interchangeability of work force and facilities: Whether an employer or service provider could relocate employees to other positions or work environments.
- Health and safety concerns: The level of risk and who bears that risk should be considered. There would be undue hardship if accommodation sacrificed safety, and decisions cannot be based solely on assumptions or arbitrary beliefs.
- These factors serve as a starting point for assessing undue hardship.
- Canadian courts have been very clear that undue hardship is unique to every situation. There is no complete list of factors. These factors should be applied with common sense and flexibility in each situation.
- Certain accommodation measures may create undue hardship for one employer or service provider, but not for another.
- Measures that do not cause undue hardship now, may do so in the future if circumstances change.
- If there is already an accommodation in place, the company and employee may need to review the accommodation agreement.
Absenteeism and Accomodation
- The Supreme Court examined undue hardship in a case involving the duty to accommodate an employee with significant absences due to a disability.
- Chronic absenteeism where the employee cannot resume work in the foreseeable future, may cause undue hardship.
- Factors considered are excessive absenteeism and whether there is a reasonable likelihood that the employee's attendance will improve.
- The employer must attempt to accommodate and warn the employee that continued excessive absences may result in termination and give notice to employee and union, and consult with them to identify needs and means of accommodating. Termination is only lawful after this consultation.
- The employer maintains the duty to accommodate an employee absent due to a characteristic protected by the Act, even if the absence is long.
Accomodating People with Disabilites
- Many complaints about accommodation relate to physical and mental disability.
- Physical disability means "any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness."
- Disabilities protected under human rights law include epilepsy/seizures, heart attack/heart condition, cancer, severe seasonal allergies, shoulder or back injury, asthma, Crohn's disease, hypertension, hysterectomy, and spinal malformation.
- Visual acuity, colour blindness, loss of body parts such as fingers, speech impediments, arthritis, muscular atrophy, cerebral palsy, and alcoholism can also be disabilities.
- Drug dependence and other addictions may be captured under physical and/or mental disability.
- Common conditions, such as colds and flus, which do not last long and have no long-term effects, are not normally considered physical disabilities.
- However, just because a given condition is common, this does not mean that it is automatically not considered a disability, and some disabilities occur regularly in the general population.
- Mental disabilities are defined by the Act as "any mental disorder, developmental disorder or learning disorder, regardless of the cause or duration of the disorder."
- Examples include dyslexia, depression, schizophrenia, obsessive compulsive disorder, and anxiety disorders.
- These definitions are not exhaustive.
Process of Accomodation
- Both the person seeking accommodation and the employer or service provider have rights and responsibilities. The most effective accommodation measures are a result of cooperation and clear communication.
- A person seeking accommodation should take the following steps when making the request: bringing the need for accommodation to the attention of the employer or service provider, preferably in writing and include an explanation of the need for accommodation and request.
- The request should contain supporting documents and suggest appropriate accommodation measures and indicate how long accommodation will be required.
- Provide medical information on functional limitations and necessary accommodations is also useful for employees
- The person seeking accommodation should also allow a reasonable amount of time for reply of the request.
- Person should also listen to any reasonable accommodation options, even if not their preference.
- The person seeking accommodation must discuss the factors creating undue hardship if the employer or service provider indicates that accommodation.
- Finally, the person seeking accommodations must cooperate to make the agreement work and advice of changed needs
- Employers/service providers must support request changes. Must be willing to change agreement with any new needs
- Tell the employer when accommodation isn't needed.
Employer Rights and Responsibilities
- An employer or service provider who receives an accommodation request must determine if the request falls under any of the areas and grounds protected under the Act.
- Once a request is received, the onus to accommodate is on the employer or service provider, who must respect the dignity and privacy of the person or group requesting accommodation.
- Medical information is considered personal information, and employers and service providers must abide by applicable privacy legislation when they collect, use, or disclose an employee's medical information.
- The employer/serve provider must take reasonable and meaningful measure to accommodate any needs with suggestions from the individual
- Take substanial and consult with human resource or lawyer to take needed requests. Be flexable and creative creating and evaluating options.
- Discuss Options to the person needing for accommodation. If acccomoadtion is too much, there need suggests parts and partially meet needs
- Reply to request reasonable period of time. Must create formal written agreement an ensure they have a fair opportunity to work
- There must be fill up that needs meet with person and needs of the person and details explaining why needs cannot be me due to a bona fide.
- Employer and service provider need to provide accomdoation if circumstances and needs.
Consequences of Poor Accomodation
- If the employer or service provider fails to provide accommodation to the point of undue hardship, then the employer or service provider may be in contravention of the Act.
- The person seeking accommodation should discuss this with human resources and ultimately may file a complaint with the Commission within one year of the contravention.
- If person seeking accommodation refuses a reasonable and appropriate accommodation, the employer or service provider has likely met their legal responsibilities.
Justifiable Contravention
- The Act recognizes that certain limitations on individual rights are not a contravention of the law
- if the person who is alleged to have contravened the Act shows that the alleged contravention was reasonable and justifiable in the circumstances.
- If accused, organization have standards to argue their policies not descriminatory.
- Canada wide human right reasonable discrimination
- Discriminatory or justification cases in place services/accomdation.
Accomodation in Employment and Employment Practices
- In the employment or practice is ok. It can begin whenever job leaves for employees. Mental disabilities if often can have gender.
Accomodation for Religious Belifs
- All kinds that is necessary to follow standards.
- General accommodations are on communication, allowing employees to have what type of accommodation
Occupational Safety
- Rules/standards should not need discriminatory or a bona find can be discriminated.
- The workplace establish all need
- Not for discriminatory practices.
Prima FAcie Discrimination in Occupation Requiements
- Commission asks if person and act protected and been treated. Is so, it has to do whether to policy rule is a bonafide occupational or justification for Discrimination
Emploee Privacy
- Right to appropriate. Privacy issue is where employee needs requested.
- Illness or diagnosis that employee needed to be told. Employer will not be for that. Must determine if the information
- Required absence is for expected level.
- How modified can it do.
Employmee duty
- Cannot change for those duties. Employer would undue the hardship
Duty in Services/accomodoations Policies and Tenancy
- The Grisner case sets policies to determine if policies are justified. Set out the policy/standards.
- Meiorin test is used to test those.
- Must assess all descriminatory practices
Concluding Accomodations for those in distress
- Need to follow those if those premises. Need to follow premises/ equipment.
Effect of Act on Provincial Laws
- Unless expressly stated by an Act of the Legislature, every law of Alberta is inoperative to the extent that it authorizes or requires actions prohibited by the Alberta Human Rights Act.
- The "law of Alberta" includes acts of the Legislature enacted before or after the Act's commencement, orders, rules, regulations, and laws in force in Alberta on January 1, 1973, that can be repealed or altered by the Legislature.
Alberta Heritage Day
- The first Monday in August each year is observed as a day of public celebration known as "Alberta Heritage Day."
Code of Conduct: Publications and Notices
- It is forbidden to publish, issue, or display any statement, publication, notice, sign, symbol, emblem, or other representation that indicates discrimination or an intention to discriminate or is likely to expose a person or class of persons to hatred or contempt.
- Restrictions do not interfere with free expression.
- The prohibition doesn't apply to identifying facilities customarily used by one gender, or displays/publication by or on behalf of an organization exclusively/primarily composed of persons having the same political/religious beliefs, ancestry, or place of origin and not operated for private profit.
- An exception exists for application forms or advertisements used, circulated, or published under section 8(2), if representation is not derogatory, offensive or improper.
Code of Conduct: Discrimination re Goods, Services, Accommodation, Facilities
- Denial of or discrimination concerning goods, services, accommodation, or facilities that are customarily available to the public because of race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation is prohibited.
Benefit Based on Age
- Age-related provisions in Section 4 do not apply when conferring benefits on minors or age-based classes of minors or individuals aged 55 and over.
Minimum Age for Occupancy
- Section 4 restrictions based on age and family status don't apply to minimum age requirements for occupancy in residential units defined under the Condominium Property Act, housing units under the Cooperatives Act, or mobile home sites under the Mobile Home Sites Tenancies Act, if the minimum age was in place before January 1, 2018.
- Age and family status provisions don't apply to premises where every unit/site is reserved for those 55+, but these age restrictions must not prevent occupancy by prescribed individuals in prescribed circumstances and may permit occupancy by a prescribed class of individuals in prescribed circumstances.
- Minimum age for occupancy adopted in accordance with subsection (2) is compliant by continued occupation by individuals who were resident in the premises before that minimum age.
Discrimination re Tenancy
- It is forbidden to deny someone the right to occupy a commercial/self-contained dwelling unit or to discriminate regarding tenancy terms based on race, religious beliefs, colour, gender, gender identity, gender expression, physical or mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
- Subsection (1) as it relates to age and family status does not apply with respect to a minimum age for occupancy for premises that contain a unit or site to which section 4.2(1) applies.
- The minimum age for occupancy regulations do not apply to premises reserved for individuals 55+, provided the age restriction doesn't prevent or permit occupancy by a prescribed class of individuals in prescribed circumstances.
Regulations set by the Lieutenant Governor in Council
- Regulations include those respecting classes of individuals and circumstances in sections 4.2(3)(a), 4.2(3)(b), 5(4)(a), and 5(4)(b).
- Regulations determine whether a minimum age for occupancy exists under section 4.2(1) or deem a minimum age in existence.
Equal Pay
- Employers must provide equal pay to employees of both sexes performing the same or substantially similar work within an establishment.
- Employers cannot reduce an employee's pay rate to comply with equal pay requirements.
- Employees paid less than entitled can recover the difference, but action must commence within 12 months, applies only to the 12 months preceding service termination or action commencement, and cannot occur if an employee complaint to the Commission exists.
Discrimination re Employment Practices
- Employers cannot refuse employment or discriminate regarding employment terms due to race, religious beliefs, colour, gender, gender identity, gender expression, physical/mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
- Age and marital status provisions do not impact bona fide retirement/pension plans or group/employee insurance plans.
- Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
Applications and Advertisements re Employment
- No person should use or circulate application forms, publish job advertisements, or make inquiries that express limitations, specifications, or preferences indicating discrimination based on protected grounds.
- Requiring applicants to furnish information about race, religious beliefs, colour, gender, gender identity, gender expression, physical or mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation is forbidden.
- Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
Membership in Trade Union, etc.
- Trade unions, employers' organizations, or occupational associations cannot exclude, expel, suspend, or discriminate against members based on race, religious beliefs, colour, gender, gender identity, gender expression, physical or mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
Prohibitions Regarding Complaints
- Retaliation against a person because that person made or attempted to make a complaint under this Act is prohibited
- Retaliation against a person because that person has given evidence or otherwise participated in or may give evidence or otherwise participate in a proceeding under this Act is prohibited
- Retaliation against a person because that person has made or is about to make a disclosure that person may be required to make in a proceeding under this Act, or assisted in any way is prohibited
- Making malicious complaints motivated by frivolous or vexatious intent is forbidden.
Ameliorative Policies, Programs, and Activities
- Policies aiming to improve conditions for disadvantaged persons or classes (due to race, religious beliefs, etc.) are not a contravention of Alberta Human Rights Act.
Reasonable and Justifiable Contravention
- An alleged violation of this Act is deemed not to have occurred if the person accused of contravention proves that it was reasonable and justifiable in the circumstances.
Crown is Bound
- The prohibitions contained in this Act apply to and bind the Crown in right of Alberta and every agency and servant of the Crown in right of Alberta
Human Rights Education and Multiculturalism Fund
- The Multiculturalism Fund established under the Alberta Multiculturalism Act is continued as the Human Rights Education and Multiculturalism Fund.
- Deposited money includes that voted by the Legislature, received by government via agreements (with Canada or other provinces/territories) related to this Act, and from program/services fees under this Act.
- The minister holds and administers the Fund, and may participate under section 40 of the Financial Administration Act on behalf of the Fund.
- Fund income accrues to and forms part of it.
- The Minister may pay money from the fund for educational programs and services related to the purposes of this Act and to make grants pursuant to section 14.
Grants
- The Minister may make grants if authorized by regulations and if money is available in the Fund.
- The Lieutenant Governor in Council may make regulations authorizing the Minister to make grants, and, for that purpose, section 13(2), (3) and (4) of the Government Organization Act apply.
Alberta Human Rights Commission
- The Alberta Human Rights and Citizenship Commission continues under the name "Alberta Human Rights Commission".
- The Commission consists of members appointed by the Lieutenant Governor in Council.
- Lieutenant Governor in Council may designate one of the members as Chief of the Commission and Tribunals.
- The Minister may designate one of the members of the Commission as Acting Chief of the Commission and Tribunals, and the Acting Chief so designated has, during the absence of the Chief of the Commission and Tribunals, the powers and duties of the Chief of the Commission and Tribunals.
- The Chief and other members receive remuneration/expenses, as prescribed by the Minister.
Functions of Commission
- It forwards the principle that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.
- The Alberta Human Rights Commission promotes awareness, appreciation, and respect for Alberta’s multicultural heritage.
- The Alberta Human Rights Commission promotes an environment where all Albertans can participate in and contribute to Alberta's cultural, social, economic, and political life.
- The Alberta Human Rights Commission encourages all sectors of Alberta society to provide equality of opportunity.
- The Alberta Human Rights Commission researches, develops, and conducts educational programs designed to eliminate discriminatory practices.
- The Alberta Human Rights Commission promotes understanding, acceptance, and compliance with the Act.
- The Alberta Human Rights Commission encourages and co-ordinates public and private human rights programs and activities.
- The Alberta Human Rights Commission advises the Minister on matters related to the Act.
Bylaws
- The Commission may make bylaws respecting the carrying out of its powers, duties, and functions under the Act.
- The Commission may make bylaws respecting administrative, practical, and procedural matters related to the filing and handling of complaints.
- Bylaws can authorize the director, Chief of the Commission and Tribunals, or a human rights tribunal to waive bylaws/time limits, define/narrow complaint issues, limit evidence/submission or determine order of evidence in a proceeding.
- Bylaws can establish forms, guidelines, or practice directions or perform the powers of the tribunal as inquiry under the Public Inquiries Act.
- Regulations Act does not apply to Commission bylaws.
- Bylaws are not effective until approved by the Minister and are liberally construed to permit the use of policies, practices, hearings, and other procedures that will facilitate fair, just, and expeditious resolutions of complaints.
Director and Staff
- The Lieutenant Governor in Council may appoint a director for the purpose of the administration of Alberta Human Rights Act.
- The Minister may appoint needed employees for the administration of Alberta Human Rights Act.
Annual Report
- The Commission must prepare and submit a report of its activities to the Minister, including a summary of complaint dispositions and other information the Minister may require.
Who May Make a Complaint
- Any person (except the Commission, a member, or a person referred to in section 18) may make a complaint to the Commission if they have reasonable grounds to believe that a person has violated this Act.
- Complaints must be in a form acceptable to the Commission and must be made within one year after the alleged violation occurred.
Director's Powers and Duties Regarding Complaints
- The director may dismiss meritless, bad faith, without reasonable prospect of success, or more appropriately-addressed complaints.
- The director can attempt settlement via conciliation or investigator appointment.
- The director can refer complaints to the Chief of the Commission and Tribunals for resolution by a human rights tribunal.
- Can refuse/dismiss complaints outside the Act’s jurisdiction or requirements any time.
- Can accept complaint outcome regardless of other forum act.
- The director may dismiss a complaint if the complainant refuses a fair and reasonable settlement.
- The director must notify the complainant and the person against whom the complaint was made of any decisions under this section.
Investigator's Powers
- Investigators may enter and examine places at any reasonable time, make inquiries, demand record production, and remove and copy things.
- Entry of an investigator needs consent of owner of dwelling, or judge's order.
Judge's Order
- With evidence under oath, the Court of Justice ensures investigators may exercise a power under section 23(1)
- Requires obstruction, interference, refusal to comply, or a need to enter a private dwelling without consent.
- Applications may/not be made noticeable.
Copies of Documents
- With anything removed from section 23(1)(c), the investigator must return removal withing 48 hours with copies or extracts of such.
Appeal to Chief of the Commission and Tribunals
- The complainant may request a review of the director’s decision within 30 days of the complain dismissal.
- The Commission must serve a copy of the notice on the person against whom the complaint was made.
- The Chief reviews the decision and record must decide if the settlement proposed was fair/reasonable.
- The Chief must serve any Complainant in question regarding against decision
Referral to Human Rights Tribunal
- The Chief must appoint a human rights tribunal. This applies if direction refers tribunal from 21(1)(c) or from complaints under the Commission.
- The tribunal are comprised of one or more commission memebers
Parties
- The following individuals are parties to a proceeding before a human rights tribunal: the director, the complainant, any person named in the complaint who is alleged to have been dealt with contrary to Alberta Human Rights Act, any person named in the complaint who is alleged to have contravened Alberta Human Rights Act, and any other person specified from notice by the tribunal.
Carriage of Proceedings
- The director has carriage proceedings before a human tribunal rights, except if the commission chief/board made a decision for complaint.
- The director must not have court without chief/tribunal.
- The director may determine nature/ director participation
Procedural Rules
- Parties are entitled to appear and represented by counsel at hearing.
- There is no requirement that evidence be judicial proceedings.
- Tribnals should serve notice to complainee as the hearing proceeds.
- The human rights tribunal should remain open to the public and private on the request, confidential matter/or potential adverse on parties
Judges/Tribunal Powers
- Human Rights tribunals (HRT) could be any tribunal at a special case opinion when needed.
- If a complaint dismissal, HRT will find issue if compliant and order accordingly.
Reconsideration
- Evidence that needed to be or needed to go HRT is needed for matter of reconsitution. Same force must had same forces.
- HRT tribunal must do so with 30 issues to matter
Retroactive compensation limit
- The settlement must happen 20 hours for complaint/ section
Entries of Order
- At the Court bench, an order may be found
Order After Inquiry
- If the order of a human rights tribunal under section 32 did not direct a person to cease the contravention complained of, the Minister of Justice may apply to the Court of King's Bench for an order enjoining the person from continuing the contravention.
Protection after inquiry
- This states officer/union done is within authority/organization
- With good faith, one in the section cannot be touched/sued for acts
Offences
- If the act cannot be hindered by those in commission, a fine can be given to those
- This has a full charge up to 10,000
Services of documents
- Document requires needs with commission, so the document requires must be found on offices
- The following can happen through electronic by mail/commission
- Noted persons are those with the same things or registered mail
- Proven services is done with these
- And 7 days for it to exist.
Electronic Proceedings
- Hearing or procession with resolution through conducted
- Through electronic way needed person
Accomodation
- Residential home act needs
Inclusions
- Gender with all limitations or protection to avoid limit.
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