Protected areas and grounds under the Human Rights, Citizenship and Multiculturalism Act
INFORMATION SHEET
A printable PDF version of this information sheet is available.
The purpose of the Human Rights, Citizenship and Multiculturalism Act (the Act) is to provide Albertans with protection of their human rights. The Alberta Human Rights and Citizenship Commission administers the Act.The Act allows people to make a complaint to the Commission if they feel that they have experienced harassment or have been discriminated against in the specific areas and under the specific grounds protected under the Act. The aim of the Commission's complaint resolution process is to return the complainant to the position he or she would have been in if the discrimination or harassment had not occurred.
Protected areas
The Act prohibits discrimination in the following areas:
- statements, publications, notices, signs, symbols, emblems or other representations that are published, issued or displayed before the public
- goods, services, accommodation or facilities customarily available to the public
- tenancy
- employment practices
- employment applications or advertisements
- membership in trade unions, employers’ organizations or occupational associations
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Prohibitions regarding complaints The Human Rights, Citizenship and Multiculturalism Act prohibits a person from retaliating against any person who has made a complaint, or given evidence about a complaint, or assisted another person in making a complaint under the Act. If a person believes someone has taken retaliatory action against them for any of these reasons, the person may make a complaint under the prohibitions section of the Act. The Act does not allow a person to make a frivolous or vexatious complaint with malicious intent. Anyone who has reason to believe that such a complaint has been made against them may make a complaint under the prohibitions section of the Act. |
Protected grounds
The Act provides protection from discrimination in the above areas under the following grounds. The descriptions below are not legal definitions. For more information about protected grounds, contact the Commission.
Race - belonging to a group of people related by common heritage.
Religious belief - system of belief, worship and conduct (includes Native Spirituality).
Colour - colour of a person’s skin. This includes, but is not limited to, racial slurs, jokes, stereotyping, and verbal and physical harassment.
Gender - being male, female or transgender. Also protected under gender are pregnancy and sexual harassment.
Physical disability - any degree of physical disability, deformity, malformation or disfigurement that is caused by injury, birth defect or illness. This includes, but is not limited to, epilepsy; paralysis; amputation; lack of physical coordination; visual, hearing and speech impediments; and physical reliance on a guide dog, wheelchair or other remedial appliance or device.
Mental disability - any mental disorder, developmental disorder or learning disorder regardless of the cause or duration of the disorder.
Marital status - the state of being married, single, widowed, divorced, separated, or living with a person in a conjugal relationship outside marriage.
Ancestry - belonging to a group of people related by a common heritage.
Age - Age is defined in the Act as "18 years or older." Persons who are 18 years or older can make complaints on the ground of age in all of these areas:
- statements, publications, notices, signs, symbols, emblems or other representations that are published, issued or displayed before the public
- employment practices
- employment applications or advertisements
- membership in trade unions, employers' organizations or occupational associations
It is important to know that age is not a protected ground in the following areas:
- tenancy - For example, a landlord advertises that an apartment building is for adults only and specifies that all tenants must be over 21 years old. Because age is not protected in the area of tenancy, a 19-year-old could not make a complaint of discrimination based on age in this case.
- goods, services, accommodation or facilities that are customarily available to the public. - For example, a movie theatre offers lower ticket prices to seniors (people over 65 years of age) only. Because age is not protected in the area of services, a 55-year-old could not make a complaint of discrimination based on age in this case.
Persons under the age of 18 can make complaints on all grounds except the ground of age. For example, a 16-year-old can make a complaint of discrimination in the areas of employment, tenancy, employment practices, etc. based on the grounds of physical disability, race, gender, etc. but not on the ground of age.
Place of origin - place of birth.
Family status - being related to another person by blood, marriage or adoption.
Source of income - Source of income is defined in the Act as lawful source of income. The protected ground of source of income includes any income that attracts a social stigma to its recipients, for example, social assistance, disability pension, and income supplements for seniors. Income that does not result in social stigma would not be included in this ground.
Sexual orientation - Although it is not stated explicitly in the Act, the Government of Alberta has agreed to "read in" sexual orientation as a protected ground, effective April 2, 1998. This ground includes protection from differential treatment based on a person’s actual or presumed sexual orientation, whether homosexual, heterosexual or bisexual.
In addition to the areas and grounds discussed above, the Act protects Albertans in the area of equal pay. When employees of any sex (female, male or transgender) perform the same or substantially similar work, they must be paid at the same rate.
Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident of discrimination. Read more about the time limit.
March 2007
Due to confidentiality concerns, the Commission cannot reply
to complaints of discrimination using the Internet.
Please contact the Commission by telephone or regular mail
if you have a specific complaint.
The Commission will make publications available in accessible multiple formats upon request. Multiple formats provide access for people with disabilities who do not read conventional print.
