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May 24, 2024

The Canadian Human Rights Act: A Guide for Employers

The Canadian Human Rights Act is a federal law that prohibits discrimination on the basis of various grounds, including race, gender, and disability. As an employer, it's essential to understand the Canadian Human Rights Act and comply with its provisions to ensure a fair and equitable workplace. In this post, we'll provide you with a guide to the Canadian Human Rights Act.

The Canadian Human Rights Act: A Guide for Employers

Akhil Reddy
March 15, 2023

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What you need to know about the Canadian Human Rights Act

The Canadian Human Rights Act is a federal law that prohibits discrimination on the basis of several grounds, including race, gender, age, disability, and religion. The act applies to all federally regulated employers, including banks, telecommunications companies, and airlines, and provides protection for employees, job applicants, and clients.

The Canadian Human Rights Act prohibits discrimination on the following grounds:

  1. Race or Ethnicity
  2. National or Aboriginal Origin
  3. Religion
  4. Age
  5. Sex, Including Pregnancy and Gender Identity
  6. Sexual Orientation
  7. Marital or Family Status
  8. Disability
  9. Conviction for an Offence for which a Pardon Has Been Granted or in Circumstances Where a Pardon Has Been Refused

What you should know if you’re an employer

As an employer, it is your responsibility to comply with the Canadian Human Rights Act, which prohibits discrimination on the basis of certain protected grounds such as race, national or ethnic origin, religion, age, sex, and disability. Some of your key responsibilities as an employer under the act include:

  1. Ensuring that your policies and practices do not discriminate against employees or job applicants: Employers must ensure that their policies and practices do not discriminate against employees or job applicants on any of the prohibited grounds. This includes all stages of employment such as recruitment, hiring, promotion, and termination.
  2. Accommodating employees or job applicants who require accommodation: Employers have a duty to accommodate employees or job applicants who require accommodation due to a protected ground of discrimination, such as disability or religion. Accommodation may include making physical modifications to the workplace, providing alternative work arrangements, or modifying work schedules.
  3. Providing a safe and harassment-free workplace for all employees: Employers have a duty to provide a safe and harassment-free workplace for all employees. This includes taking steps to prevent harassment and discrimination in the workplace, providing training to employees on appropriate behavior, and taking action if harassment or discrimination occurs.
  4. Taking action if you become aware of discrimination or harassment in your workplace: Employers have a duty to take action if they become aware of discrimination or harassment in their workplace. This includes investigating complaints of discrimination or harassment, disciplining employees who engage in discriminatory behavior, and implementing measures to prevent future occurrences.
  5. Cooperating with investigations conducted by the Canadian Human Rights Commission: Employers have a duty to cooperate with investigations conducted by the Canadian Human Rights Commission, which is responsible for enforcing the act. This includes providing information and documents related to the investigation and participating in any hearings or mediation sessions related to the complaint.

It is important for employers to take these responsibilities seriously and ensure that they are complying with the Canadian Human Rights Act. Failure to comply with the act can result in legal consequences such as fines, damages, and legal action.

The Canadian Human Rights Act is an essential piece of legislation that ensures a fair and equitable workplace for all Canadians. By understanding the prohibited grounds of discrimination and complying with your responsibilities as an employer, you can create a workplace that is free from discrimination and harassment.

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Elizabeth Wellington

Liz writes about business, creativity and making meaningful work. Say hello on Twitter or through her website.

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