Human Rights

Human rights are the basic rights and freedoms that belong to every person in Canada. These include the right to equality, equal opportunity, fair treatment, and freedom from discrimination based on a set of protected grounds. 

In Canada, human rights are protected by federal, provincial and territorial laws. Federally these laws are set by The Canadian Human Rights Commission (CHRC), and provincially or territorially by their own Human Rights Commissions.  

As a business owner in Canada, you have a legal responsibility to create a workplace that respects human rights. This means preventing discrimination and harassment and responding appropriately when employees request accommodations. These obligations aren’t just about avoiding penalties—they’re about building a safe, inclusive environment where your team can thrive.

Protected Grounds

This begins with the duty to prevent discrimination based on protected grounds. These rights are similar but not necessarily the same across jurisdictions. Please refer to your provincial and territorial Human Rights commission for further details. 

The federally protected grounds include:

Protecting your business and employees

Human Rights complaints can be costly and damaging. They can lead to legal fees, reputational harm, mandatory training, public decisions, employee reinstatement, or financial compensation.

There are three key things you can do to protect your business, staff, and patrons from Human Rights violations:

• Implement a discrimination and harassment prevention policy
• Identify workplace violence hazards and create a workplace violence prevention plan.
• Be prepared to conduct an internal investigation if a discrimination complaint is received.

Clear policies are the foundation of compliance. They set expectations for behaviour, outline reporting procedures, and demonstrate your commitment to fairness. CFIB members can access the following templates in the Member Portal:

• Anti-harassment policy
• Anti-violence policy
• Anti-bullying policy
• Quebec Harassment Prevention Policy

Note: under Occupational Health and Safety legislation, all businesses are required to have policies and practices in place to help prevent discrimination, harassment and retaliation in the workplace. 

Understanding Reasonable Accommodation

The duty to accommodate is a legal obligation under the Canadian Human Rights Act that requires employers to identify and remove barriers that prevent individuals from fully participating in the workplace. This duty applies when those barriers are connected to one of the prohibited grounds of discrimination. 

Accommodation means making changes to the work environment or the way work is usually done to ensure that employees can perform their job duties effectively and safely. This could include, but is not limited to: 

• modifying work hours
• providing assistive devices
• adjusting job duties, or
• allowing for religious observances 

The goal is to ensure equal access to employment opportunities and full participation in the workplace.

A duty to accommodate is not about employee preferences, but about removing discriminatory barriers. Employers are required to accommodate up to the point of undue hardship - which is the point that an employer is no longer legally required to accommodate an employee because doing so would cause serious difficulty or expense for the business. This is assessed based on factors like cost, health, and safety. The legal standard to meet undue hardship is high. Employers must show they explored all reasonable options and that the hardship would be significant—not just inconvenient or costly. 

How to Handle Accommodation Requests

When an employee asks for accommodation:

1. Respond promptly and respectfully.
2. Gather the information you need to understand their limitations and what changes might help.
3. Work collaboratively to identify options and be open to creative solutions.
4. Once you agree on an approach, set clear timelines and monitor how it’s working.
5. Keep detailed records of every step, from the initial request to the outcome.

It is important to approach the situation collaboratively. Have respectful dialogue with the employee to better understand their needs and explore potential solutions. Don’t make assumptions about the employee’s condition and maintain confidentiality throughout the process. If documentation is needed, such as medical information, it should be requested appropriately, with the employee’s consent, and only to the extent necessary to support the accommodation.

Note: Requests for accommodation for mental health concerns and addiction are covered under Human Rights and can come as a surprise to some employers. 

Mental Health is recognized as a disability under human rights legislation, meaning employers have a legal duty to accommodate employees facing conditions such as anxiety, depression, or PTSD, up to the point of undue hardship. Despite growing awareness, stigma still prevents many from seeking help.

Addiction is also recognized as a disability. Employers have a legal duty to accommodate employees struggling with dependence on substances like alcohol, cannabis, or prescription drugs. Addiction-related issues may appear as absenteeism or performance problems. Employers shouldn’t diagnose, but they can start a respectful conversation if they notice patterns of concern.

Building a Culture of Compliance

Human rights compliance isn’t just about policies, it’s about people.

Leadership sets the tone. If owners and managers demonstrate fairness, openness, and accountability, employees are more likely to follow suit. This includes how they respond to concerns, how they communicate expectations, and how they handle conflict. A business that takes human rights seriously doesn’t just react to complaints; it works to prevent them.

CFIB Can Help

CFIB members have access to templates, practical guides, and one-on-one support from Business Advisors. These resources can save you time and money while helping you meet your obligations with confidence.