Workplace Discrimination Lawyers in Strathmore, AB Making a Difference for Clients
The Canadian Human Rights Act protects employees from being poorly treated or suffering undesired consequences made by employers due to attributes about a person that does not relate to that individual’s job performance. These rights are solidified in Canadian employment law and are protected by the Canadian Human Rights Commission. Grounds for discrimination can be but are not limited to the following:
- Race
- Sexual Orientation
- National or Ethnic Origin
- Gender Identity or Expression
- Colour
- Marital Status
- Religion
- Family Status
- Age
- Disability
- Sex
- Genetic Characteristics
- Veteran Status
- Pardoned or Suspended Legal Conviction
What is Workplace Discrimination?
You may think you’ve been the subject of employment and workplace discrimination based on one of your personal attributes. But what exactly are your rights in this matter? Workplace discrimination cases can be complex legal situations and possibly tricky for someone who has not experienced a similar situation to understand. First, we need to understand the types of workplace discrimination occurrences. Some examples of workplace discrimination conflicts are:
Gender Identity or Expression
- Consistent and purposefully pronoun misused by an employer or colleague
- A work-based policy requires a person to identify themselves as either male or female, with no other options
- Referring to a person as the name they were assigned at birth, rather than the name they have given you to identify them by
Race, Nationality, or Ethnic Origin
- Harassing a person due to their immigration status, such as making jokes about deportation or telling them to “go back to (other country or location)”
- Stating or inferring that someone may not be suitable for certain aspects of the job due to antiquated notions of someone’s race or ethnicity
- Using slurs or hate speech that targets someone’s skin color, country of origin, or cultural background
Genetic Characteristics
- An employer denies a job due to shared results of genetic testing
- Terminating the employment of an individual due to a family medical history
- Refusing work because an individual denies genetic testing
Religion
- Threatening an employee with employment termination due to their recognition of spiritual holidays or a Sabbath
- Enforcing a dress code that would discriminate against religious clothing or accessories
- Verbally or physically harassing an individual based on their religious practices, such as using slurs or hate speech
Pardoned Conviction
- Denying employment due to a criminal history that has been stricken from a person’s record or suspended
- Harassing an individual due to a history they have been forgiven for or have proved their innocence of in the court of law
Age
- Listing a position’s physical fitness requirements based on those of a younger person rather than the actual physical needs of the actual job
- Hiring, promoting, or managing a person differently due to their age
- Age-based harassment
Disability
- Prohibiting the hire of an employee due to physical attributes that are not strictly required for the position
- Using offensive terminology toward a person due to a disability
- Refusing to place effort in maintaining a safe and accessible workplace for those with a disability who would otherwise be capable of performing the required tasks
Sex or Sexual Orientation
- An employer placing people of a particular gender in positions due to their “natural proclivity”
- Refusing to hire an individual because they have the propensity to become pregnant or experience menstrual cycles
- Dismissing or ending the employment of a person due to their sex
Marital or Family Status
- Providing policy benefits to individuals based on their marriage status
- Refusing to hire someone due to their having children and perceived lack of availability
How Can a Workplace Discrimination Lawyer Help?
Suppose you think your employment termination was due to workplace discrimination. In that case, seeking counsel from a workplace discrimination lawyer is the best way to start down your road to a fair solution. A workplace discrimination lawyer will provide the following services to take action in your case against your former employer:
- Assess the Existence of True Illegal Discrimination- Not all cases where an employee is treated unfairly constitute true illegal workplace discrimination. Workplace discrimination must fall within a protected category in federal or provincial discrimination law. A workplace discrimination lawyer can evaluate your situation and determine whether or not you have a case.
- Gather Evidence Supporting Your Case to Present in Court- One of the most essential and beneficial skills that employment and workplace discrimination lawyers can provide to their clients is gathering proper evidence. In a complex process, there will need to be enough evidence to convince a judge and jury that your employer’s actions were discriminatory. An experienced workplace discrimination lawyer will know just what to look for and how to present the evidence in an exemplary manner.
- Provide You With Options- Each specific situation may have a variety of possible scenarios that could play out, but not all of them in your favor. An employment lawyer can help you lay out your playbook and advise you on your case’s possible outcomes, steering you in the right direction to receive fair reciprocity for mistreatment.
- Bring Closure- The most priceless asset an employment and workplace discrimination lawyer can provide is closure to your situation. Ultimately, you’ll need to move on from the uncomfortable position your employer put you in. A lawyer experienced with handling ugly cases like these can help you do so.
What Are Your Next Steps?
Having your employment terminated or being mistreated due to a scenario based on discrimination and factors outside of your own control can make a person feel completely powerless. Having someone standing by your side in this situation can be invaluable to your general well-being. If you are ready to take litigation against an employer who slighted or terminated you, or if you simply want to weigh and measure your options, call (403) 934-2500 and schedule a consultation visit with a lawyer at Getz Collins and Associates. Our lawyers are ready and prepared to start your journey toward closure.