Sexual orientation
INFORMATION SHEET
A printable PDF version of this information sheet is available.
Discrimination based on sexual orientation is prohibited by the Alberta Human Rights, Citizenship and Multiculturalism Act. Although it is not expressly stated in the Act, as of April 2, 1998, sexual orientation is "read in" to the Act by the Supreme Court of Canada as a protected ground of discrimination in Alberta.
This includes protection from differential treatment based on a person's actual or presumed sexual orientation or his or her association with a person who is homosexual, heterosexual or bisexual.
- Homosexual (gay or lesbian) is defined as being a person who is sexually attracted to persons of his or her own sex.
- Heterosexual is defined as being a person who is sexually attracted only to persons of the opposite sex.
- Bisexual is defined as being a person who is sexually attracted to persons of both sexes.
Under the Act, discrimination based on sexual orientation is prohibited in all of the following areas:
- public statements, publications, notices, signs, symbols, emblems or other representations which indicate discrimination, or the intent to discriminate, or expose individuals or groups to hatred or contempt;
- goods, services, accommodation or facilities that are customarily available to the public;
- tenancy - (all tenants and prospective tenants have the right to equal treatment in the rental of any commercial unit or self-contained dwelling unit);
- employment practices - (refusing to hire, promote or provide equal treatment to someone because of his or her sexual orientation. Employees have the right to work in an environment free of harassment based on their sexual orientation);
- employment applications or advertisements;
- membership in trade unions, employers' organizations or occupational associations.
In addition to sexual orientation, the Act also expressly prohibits discrimination on the grounds of race, religious belief, colour, gender, physical disability, mental disability, marital status, age (some restrictions apply), ancestry, place of origin, family status, and source of income. Employers, landlords, business operators and providers of services are required to reasonably accommodate the needs of individuals based on any of these grounds.
The Alberta Human Rights, Citizenship and Multiculturalism Act has paramount status in Alberta. This means that where there is a conflict with other provincial legislation, the Human Rights legislation prevails unless it is "expressly declared by an Act of the Legislature that it operates not withstanding" the human rights legislation.
The Human Rights and Citizenship Commission accepts, conciliates and investigates complaints of discrimination based on any of the areas and grounds protected under the Act.
Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident.
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.
