Canada: Labour and Employment
Canada: Human Rights Legislation - Alberta
|Alberta Human Rights Act,
RSA 2000, c A-25.5
6(1) Where employees of both
sexes perform the same or substantially similar work for an
employer in an establishment the employer shall pay the employees
at the same rate of pay.
(2) No employer shall reduce the rate of pay of an
employee in order to comply with this section.
(3) When an employee is paid less than the rate of
pay to which the employee is entitled under this section, the
employee is entitled to recover from the employer by action the
difference between the amount paid and the amount to which the
employee was entitled, together with costs, but
- the action must be commenced within 12 months from the date on
which the cause of action arose and not afterwards,
- the action applies only to the wages of an employee during the
12-month period immediately preceding the termination of the
employee's services or the commencement of the action,
whichever occurs first,
- the action may not be commenced or proceeded with when the
employee has made a complaint to the Commission in respect of the
contravention of this section, and
- no complaint by the employee in respect of the contravention
shall be acted on by the Commission when an action has been
commenced by the employee under this section.
||Discrimination re employment
7(1) No employer shall
because of the race, religious beliefs, colour, gender, physical
disability, mental disability, age, ancestry, place of origin,
marital status, source of income, family status or sexual
orientation of that person or of any other person.
- refuse to employ or refuse to continue to employ any person,
- discriminate against any person with regard to employment or
any term or condition of employment,
(2) Subsection (1) as it relates to age and
marital status does not affect the operation of any bona fide
retirement or pension plan or the terms or conditions of any bona
fide group or employee insurance plan.
(3) Subsection (1) does not apply with respect to
a refusal, limitation, specification or preference based on a bona
fide occupational requirement.
10(1) No person shall retaliate
against a person because that person
(2) No person shall, with malicious intent, make a
complaint under this Act that is frivolous or vexatious.
- has made or attempted to make a complaint under this Act,
- has given evidence or otherwise participated in or may give
evidence or otherwise participate in a proceeding under this
- has made or is about to make a disclosure that person may be
required to make in a proceeding under this Act, or
- has assisted in any way in
- making or attempting to make a complaint under this Act,
- the investigation, settlement or prosecution of a complaint
under this Act.
||Reasonable and justifiable
|11 A contravention
of this Act shall be deemed not to have occurred if the person who
is alleged to have contravened the Act shows that the alleged
contravention was reasonable and justifiable in the
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