Family status and marital status
INFORMATION SHEET
A printable PDF version of this information sheet is available.
The Alberta Human Rights, Citizenship and Multiculturalism Act makes it illegal to discriminate against anyone on the grounds of family or marital status.
What is family status?
Family status is interpreted as being related to another person by blood, marriage or adoption.
What is marital status?
Marital status is interpreted as being married, single, widowed, divorced, separated or living with a person in a conjugal relationship outside marriage.
In which areas are family and marital status protected?
Discrimination based on family and marital status is prohibited in all the areas protected under the Act. The protected areas are:
- public services, accommodation and facilities
- tenancy
- public notices, signs, or other representations
- membership in trade unions, employers' organizations or occupational associations
- employment practices, including job applications and advertisements: It is illegal for anyone to circulate, publish or advertise an employment position that states a preference, limitation or specification that discriminates on the basis of family and marital status.
Employers' responsibilities
An employer is required to make reasonable accommodation in situations where marital status or family status may interfere with an employee's ability to perform his or her duties in the workplace. However, if it can be shown that an employee cannot perform his or her duties because of family or marital status, and the requirements of the job to be performed are shown to be bona fide occupational requirements, or if making accommodation would cause the employer undue hardship, the employer may refuse to employ, may re-deploy, or if all else fails may consider dismissing that employee.
For example, an employee may request a change in work shifts because of family responsibilities. The employer should accommodate the request if at all possible. However, if there are not enough employees to meet the extra demand, thus placing additional stress on the other employees and hiring more staff is financially not possible (i.e. undue hardship), then the onus is on the employee to make other family arrangements in order to continue working in the same job.
Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident of discrimination. You can 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.
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