Workplace discrimination comes in a variety of forms and is often much more damaging than making someone feel undervalued as an employee (although, of course, that in itself is awful enough).
Workplace discrimination can harm an individual’s mental health, their professional growth, and their financial security. In fact, in many instances, the consequences of workplace discrimination can be far-reaching, extending well beyond the office and negatively impacting a person’s career as a whole.
If you’ve been the victim of workplace discrimination or feel that you have been but need some clarification and support, Alberta employment lawyers can help you understand your rights from a legal perspective and gain justice.
What counts as discrimination in the workplace?
The basis of workplace discrimination may be an employee’s age, race, gender, sexual preference, or religion (among others), the impact of which may be reflected in them having been let go, denied a promotion, or being harassed, for example.
Fortunately, there are a number of legal structures in Canada designed to protect employees from discrimination in the workplace:
- Canadian Human Rights Act or CHRA—this act helps protect individuals employed in workplaces that are federally regulated.
- Provincial & Territorial Human Rights Codes—these legislations dictate human rights codes for protecting employees in each of Canada’s provinces and territories.
- Employment Equity Act—Under this act, workplaces that are federally regulated must treat all employees with fairness, particularly women and indigenous persons, as well as those who are disabled or of a minority group.
What are the different types of discrimination?
Direct discrimination, harassment, retaliation, and failure to accommodate are all common forms of workplace discrimination. While these are mostly self-explanatory, should you need any of them to be clarified, a local employment lawyer can help you understand which, if any, are relevant to your circumstances.
Why documentation is so important
It’s not enough for you to tell a lawyer that you’ve been discriminated against in the workplace for them to help you file a legal lawsuit; you’ll need to provide them with appropriate evidence. Following the incident (or multiple incidents), you must make a record of when it happened, how it happened, and where it happened.
You should also keep records of any emails, messages, or notes that you may have received, which could back up your claim of discrimination.
Reporting discrimination internally
The majority of organizations have policies in place designed to help resolve such cases of workplace discrimination, and you should follow these along with any instructions given in the employee handbook.
To begin the process, file an informal complaint, which will mean talking to your supervisor or the HR department about what happened. You should also write down your complaint, containing all relevant details. Your employer should then carry out an investigation internally, and as an employee, you should be protected from retaliation, and the complaint handled reasonably.
Should the matter not be resolved internally, you may find it beneficial to consult with labour lawyers in Edmonton for guidance on how to proceed. Note that each jurisdiction may have its own deadline for filing a complaint, and this is usually between 6 and 12 months of the incident’s occurrence.
Sadly, workplace discrimination isn’t uncommon, and if you’ve fallen victim to it, the best thing you can do to get your life and your career back on track is to know your rights and seek professional help when needed.
