Workplace discrimination is a serious issue that can negatively impact an employee’s well-being, career, and financial stability. In Alberta, as in the rest of Canada, both provincial and federal laws protect employees from discrimination in the workplace based on several grounds, including race, gender, age, disability, religion, sexual orientation, and other personal characteristics. If an employee believes they have been discriminated against at work, consulting with an Alberta employment lawyer can be crucial to understanding their legal rights and options. Here’s how an employment lawyer can assist with a discrimination claim and the steps involved.
1. Understanding Workplace Discrimination
Discrimination occurs when an employee is treated unfairly or differently based on one or more protected characteristics. Under Alberta’s Human Rights Act and the Canadian Human Rights Act (for federally regulated employees), discrimination can take various forms, including:
- Hiring practices: Being overlooked for a job or promotion due to race, gender, or other protected factors.
- Harassment: Behavior that creates a hostile or intimidating work environment based on protected grounds.
- Unfair treatment or retaliation: For example, being passed over for a raise or promotion because of your disability or age.
An Alberta employment lawyer can help determine whether the actions or behaviors you’ve experienced amount to discrimination based on the specific facts of your case.
2. Consulting an Employment Lawyer
When an employee suspects discrimination, the first step is to consult with an employment lawyer who specializes in Alberta’s labor and human rights laws. A lawyer will:
- Review the Facts: The lawyer will conduct an initial consultation, gathering all relevant information regarding the discriminatory acts, such as specific incidents of biased behavior or unfair treatment.
- Assess the Case: Based on the details provided, the lawyer will evaluate whether the situation constitutes unlawful discrimination. They will also determine whether the discrimination falls under provincial or federal jurisdiction, as this can impact the process.
3. Identifying Legal Grounds for a Discrimination Claim
Once the lawyer has reviewed the case, they will identify the legal grounds for the discrimination claim. In Alberta, employees are protected from discrimination under the following conditions:
- Employment-related discrimination based on grounds such as race, gender, sexual orientation, disability, age, or religion.
- Harassment that creates a toxic work environment based on these grounds.
- Retaliation against employees for asserting their rights, such as complaining about discriminatory practices.
The lawyer will help the employee determine the most appropriate legal framework for filing the claim, whether through the Alberta Human Rights Commission (AHRC), the Canadian Human Rights Commission (for federally regulated industries), or through a direct lawsuit.
4. Filing a Formal Complaint
If the lawyer determines that discrimination has occurred, the next step is typically to file a formal complaint with the appropriate body, such as the Alberta Human Rights Commission or the Canadian Human Rights Commission. This process involves several key steps:
- Gathering Evidence: The lawyer will assist in gathering evidence to support the claim. This might include documents, emails, witness statements, and other evidence that demonstrate discriminatory actions.
- Submitting the Complaint: The lawyer will help prepare and submit the complaint to the relevant commission or tribunal. They will ensure that the complaint is detailed, accurate, and filed within the required time limits (usually within 6 months of the discriminatory event).
5. Negotiation and Mediation
Once the complaint is filed, the Alberta Human Rights Commission will typically investigate the case. In many instances, the case may be resolved through negotiation or mediation, often with the assistance of the employment lawyer. Mediation is a voluntary process in which the employer and employee meet with a neutral third party to attempt to resolve the issue amicably without going to trial.
An employment lawyer will:
- Negotiate on Your Behalf: They will represent the employee during settlement negotiations, aiming to reach a fair resolution without the need for a lengthy court battle.
- Ensure Fair Compensation: If a settlement is reached, the lawyer will ensure that it includes adequate compensation for any damages caused by the discrimination, such as lost wages, emotional distress, or other losses.
6. Litigation (if necessary)
If mediation or negotiation does not resolve the issue, the employment lawyer can file a lawsuit in court on behalf of the employee. Litigation is typically a last resort when other methods of dispute resolution have failed. An employment lawyer will guide the employee through the legal process, representing them during hearings and working to prove that discrimination occurred.
The court may award damages for lost wages, emotional distress, or punitive damages, depending on the nature of the discrimination and the impact on the employee.
7. Protection Against Retaliation
It is important to note that employees are legally protected from retaliation if they file a discrimination claim. Employers cannot punish an employee for asserting their rights under the law. If retaliation occurs, the employment lawyer can help the employee take further legal action to address this issue.
Conclusion
Discrimination in the workplace is a violation of an employee’s rights, and in Alberta, there are strong legal protections against such behavior. Consulting with an experienced employment lawyer is crucial for navigating the legal process, whether through filing complaints, negotiating settlements, or pursuing litigation. A lawyer will guide the employee every step of the way, ensuring that their rights are protected, and they receive fair compensation for any harm suffered due to discriminatory actions. If you believe you’ve experienced discrimination at work, taking action sooner rather than later can help ensure the best possible outcome for your case.