Explore employment law practice foundations. These on-demand programs are designed for lawyers in their first five years, or for those wanting to revisit the basics. They will be of interest to law firms and lawyers acting as employers as well as to lawyers advising clients. These on-demand programs were originally presented on October 8, 2024. The total running time for each presentation ranges between 54 minutes to 1 hour, 7 minutes.

Review the purposes of human rights legislation and lays out the jurisdictional divide in Canada’s legal framework, and explore the legal test for discrimination, the bona fide occupational requirement, and multi-party responsibilities that arise with the duty to accommodate. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024.  Total running time is 58 minutes.

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.

This paper provides an overview of human rights considerations in the employment law context, with a particular focus on Alberta law. It includes an overview of the protected grounds in the Alberta Human Rights Act, as well as a review of the considerations involved in making a human rights complaint in Alberta, including limitation periods, establishing a case of discrimination, and types of discrimination. Finally, the duty to accommodate is discussed, highlighting undue hardship, rights and responsibilities in the accommodation process, and the defence of bona fide occupational requirement.