A: Discrimination happens when someone treats you differently than other people. Not all discrimination is bad and violates human rights laws. The reasons why someone discriminates are called the “grounds” of discrimination. The grounds that are not allowed are called “prohibited grounds.”
In Canada, the Charter of Rights and Freedoms makes it so a law cannot discriminate against you based on your:
- race;
- national or ethnic origin;
- colour;
- religion;
- sex;
- age; or
- mental or physical disability
Other prohibited grounds of discrimination may be included in the Charter if they relate to a personal characteristic that has historically put people at a disadvantage. For example, the courts have found that the government cannot discriminate based on sexual orientation.
It is important to note that the Charter allows discrimination if it is reasonable and can be justified in a democratic society. You should talk to a lawyer about your specific circumstances to see if you have a case based on discrimination under the Charter.
In Alberta, the Alberta Human Rights Act makes it so businesses, employers, publications, and landlords cannot discriminate against you based on your:
- race;
- ancestry;
- place of origin;
- colour;
- religious beliefs;
- gender;
- physical disability;
- mental disability;
- martial status;
- source of income;
- family status; or
- sexual orientation.
In addition, employers, trade unions, and publications cannot discriminate based on age when you are over 18. The AHRA allows discrimination based on one of these areas if it is reasonable and justified. You should talk to the Alberta Human Rights Commission or a lawyer about your specific circumstances to see if you have a case based on discrimination under the AHRA.
The prohibited grounds for discrimination are different for different circumstances. There are also different prohibited grounds where the CHRA applies.
The courts have interpreted many of the prohibited grounds and have decided what is included and what is not included. For example, if your employer fires you for becoming pregnant, this is discrimination on the ground of “sex” or “gender.” Also, if you are discriminated against because you are an addict, this may be included in the ground of “physical or mental disability.”
If someone discriminates against you for a reason that is not listed above, the discrimination may be legal. For example, if your employer discriminates against you because you have a piercing or tattoo, this is likely legal because no law lists that as a prohibited ground.
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