The Canadian Human Rights Act is a cornerstone of workplace equality, establishing clear standards for federally regulated organizations and their employees. Understanding and complying with this legislation can help protect your business while fostering an inclusive workplace. 

What is the Canadian Human Rights Act?

The Canadian Human Rights Act, established in 1977, prohibits discrimination in federally regulated workplaces and services. This legislation applies to federal government departments, Crown corporations, First Nations governments and private companies in sectors like banking, telecommunications and interstate transportation. 

Key provisions

The Act protects individuals from discrimination based on: 

• Race 
• National or ethnic origin 
• Color 
• Religion 
• Age 
• Sex 
• Sexual orientation 
• Gender identity or expression 
• Marital status 
• Family status 
• Genetic characteristics 
• Disability 
• Pardoned convictions 

These protections extend across all aspects of employment, from hiring practices to workplace conditions and termination procedures. Unlike provincial human rights codes, the federal Canadian Human Right Act specifically focuses on organizations within federal jurisdiction. 

Impact on Canadian businesses

The Canadian Human Rights Act directly shapes how federally regulated businesses must handle everything from recruitment to retirement, with violations carrying significant financial and reputational consequences.  

Compliance requirements

Your business must actively prevent discrimination in all employment practices. This includes: 

• Hiring processes 
• Workplace policies 
• Employee benefits 
• Training opportunities 
• Promotion decisions 

Organizations must also provide reasonable accommodation for protected characteristics up to the point of undue hardship under the Canadian Human Rights Act. 

For example, in recruitment, this means ensuring job postings use inclusive language and that interview processes accommodate candidates requiring flexibility for religious observances. In day-to-day operations, it means creating accessible workspaces, offering flexible work arrangements when possible and ensuring company events consider dietary restrictions and accessibility needs. 

Common compliance challenges

Many businesses struggle to recognize subtle forms of discrimination and implement effective accommodation processes. For instance, seemingly neutral policies like strict dress codes might unintentionally discriminate against employees based on religious beliefs or gender identity. 

Additional challenges in complying with the Canadian Human Rights Act include keeping policies updated to reflect new protected grounds, providing adequate staff training and promptly addressing harassment complaints. Many organizations struggle to balance accommodation requests with operational needs, particularly in time-sensitive industries like transportation or telecommunications. 

Proper documentation remains a consistent challenge for many organizations, especially when handling complex accommodation requests or investigating harassment complaints. 

4 best practices for Canadian Human Rights Act compliance 

Organizations should develop comprehensive strategies and policies in complying with the Canadian Human Rights Act. Below are key requirements and challenges to consider: 

1. Develop clear anti-discrimination policies

   Your policies should outline prohibited behaviors and establish straightforward complaint procedures. Regular training should ensure that all employees understand their rights and responsibilities under the Act. 

2. Create standardized accommodation procedures

   To help maintain consistency and fairness, your process should include clear steps for submitting requests, evaluating needs and implementing solutions. Consider establishing an accommodation fund and designating specific staff members to handle requests. 

3. Conduct regular workplace audits

   Review your hiring procedures, promotion patterns and workplace accessibility at least annually. Watch for patterns in complaints or accommodation requests that might signal underlying issues requiring attention. Pay particular attention to return-to-work programs and advancement opportunities for employees from protected groups. 

4. Document your efforts

   Maintain detailed records of accommodation requests, complaint investigations and training sessions. These records demonstrate your commitment to compliance and provide valuable information if questions arise. Consider implementing a centralized system for tracking accommodation requests and responses. 

How BPM can help

Navigating the Canadian Human Rights Act requires careful attention to detail and ongoing commitment. BPM provides support for businesses facing human rights challenges. Our team stays current with evolving interpretations of the Act and helps organizations develop proactive compliance strategies. 

We assist with policy development and review, workplace investigations and training program design. Our services include accommodation planning, complaint resolution and risk assessment. We work closely with your team to create practical solutions that protect both your business and your employees. 

To help ensure that your business meets its obligations under the Canadian Human Rights Act and creates an inclusive workplace where all employees can thrive, contact us.