Author: Kelly B. Nychka and Camila Franco

In Canada, human rights laws protect individuals from discrimination and harassment in various contexts, including the workplace. This paper reviews the purposes of human rights legislation and lays out the jurisdictional divide in Canada’s legal framework. It also explores the legal test for discrimination, the bona fide occupational requirement, and multi-party responsibilities that arise with the duty to accommodate. Lastly, it provides a summary of damages as a remedy for discrimination and a review of emerging trends in quantum of damages.

This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.