Human-rights issues arise every day in the workplace – concerns that are unique, complex and ever-evolving.



In fact, each year 80 per cent of the phone calls handled by the Alberta Human Rights and Citizenship Commission concern the workplace.

Typically, employers and employees are looking for help surrounding their legal responsibilities and rights.

An employee has injured his back, and can’t do the job he was hired to do. Can I let the employee go, asks an employer?

A waitress is pregnant and, for the good of the child, an owner thinks it’s best that she hang up her apron.

Or a Sikh employee believes it’s his right to wear a turban at work, a safety-sensitive environment that requires employees to wear hard hats.

What’s the right thing to do?

The reality is that many employers and workers don’t know, and as the human-rights landscape continues to shift amid legal rulings, even large companies with well-equipped human-resources departments need help.

To help pinpoint employers’ needs, a survey was commissioned this year that involved 562 Alberta employers
including small, mid-size and large organizations.

“From this survey, we have already begun to build and
target more programs and services that we think will be of interest to employers,” says Cassie Palamar, manager of the commission’s Calgary office.

According to the survey, 90 per cent of employers thought it was important to be informed about human rights, although 66 per cent didn’t provide human-rights information to their workers.

Employers were “unanimous” in endorsing a positive work environment that was inclusive and free of discrimination. But many weren’t sure what that environment would look like.

“They told us that there are positive results that come from good practices, that include increased productivity,
less absenteeism, better morale and teamwork,” says Palamar.

Each year, the commission’s Calgary and Edmonton offices handle about 40,000 telephone calls. Many are redirected to other government departments, because they aren’t covered under the provincial Human Rights, Citizenship and Multiculturalism Act.

There is confusion, agrees Pardeep Gundara, the commission’s southern region office manager. A significant number of the phone inquiries are from employers seeking guidance, a shift in attitude from the early 1980s when the business world considered the commission an adversary.

“It has changed into a user-friendly body – that’s what employers should know,” says Gundara.

The two major hotspots for employers revolve around gender-based discrimination and disabilities.

If an employee hurts his back, and can’t do the job anymore, should an employer do something to accommodate the worker?

“The Supreme Court has told us that accommodation should be tried to the nth degree, short of undue hardship to the employer,” says Gundara. “We can help the employer with the principles of undue hardship and with accommodation.”

According to the survey, the commission is the main source of information for employers. Its mandate is to foster equality and reduce discrimination for Albertans through public education initiatives, and, when necessary, through the investigation and resolution of complaints.

Gundara says that of the 40,000 initial calls, only about 700 actually become formal complaints.

“The commission is not a body driven by complaints,” he says. “I think the employer survey shows that as much importance is given to employers as employees.”

The commission does offer a wide variety of current information. Since the spring survey, it has created concise bulletins on pregnancy, childbirth and adoption, and on the duty to accommodate. Its website also has a thorough section dedicated to workplace issues.

Other services include a confidential telephone inquiry
service, a free electronic newsletter, and videos on discrimination and the law. The commission will provide
workshops and presentations on request.

“Many of these issues are complicated, but we try and provide simple solutions,” says Gundara.

“If, for example, we have an employer call and say he has a woman complaining of sexual assault, we advise them what to do. We tell them to investigate it impartially. If there is merit, then here’s what you should do next.”

As follow-up, the commission would advise the company on a sexual-harassment policy, and encourage the organization to make systemic changes.

“I don’t think most employers set out to discriminate,” says Gundara. “They just aren’t aware. I find, especially with big employers, once they’ve dealt with a problem (once), they’ll set up a policy to deal with future issues themselves.”

Palamar explains that the commission has relationships with many companies and their HR departments and is building bridges with the legal community.

While large companies often use their own HR specialists or legal counsel, only a few lawyers specialize in human rights and employment matters.

The commission has launched a free e-mail newsletter that talks about recent panel decisions, court decisions and other relevant information from which employers and employees can benefit.

This fall, it will run a series of workshops on employment topics, such as duty to accommodate, sexual harassment and building an inclusive workplace.

Palamar says the forums will provide information on issues that arise every day – and concerns that employers
consider significant.

The commission adds that the best way to prevent
discrimination is for all Albertans to understand their rights.