Rising Human Rights Complaints – Protecting Your Organization

The Alberta Human Rights Commission (the “Commission”) recently published its annual report for 2024-2025. The following are a few highlights that employers should review and some best practices to help address concerns prior to complaints being made to the Commission.

General Comments

Complaints overall have increased since 2023-2024. In 2024-2025, the Commission accepted 1,175 complaints, up from 1,047 complaints in 2023-2024. The Commission also reported a 30-year high in potential complaint forms received in 2024-2025.

This trend is consistent with human rights bodies across Canada. In British Columbia, complaint numbers are also increasing, with more than 3,036 received in 2024-2025. In Nova Scotia, complaints were also up 120% in 2024-2025.

Considering the increase in complaints, employers should review their policies on accommodations, harassment, addressing internal complaints, and investigations. A robust policy framework can help employers to address employee concerns internally before they reach the Commission, and is essential in defending complaints that are filed.

Mental and Physical Disability

Mental and physical disability are the most common grounds cited in complaints to the Commission, accounting for almost half of all complaints in 2024-2025. Mental disability complaints are specifically on the rise. In 2024-2025, 23% of all complaints to the Commission were based on a mental disability, compared with 21% in 2023-2024. The number of mental disability complaints also rose from 712 in 2023-2024 to 815 in 2024-2025.

Damages for discriminatory treatment on the basis of mental disability are also on the rise. In one 2024 decision, the complainant was awarded $40,000 plus wage loses, and other reasonable notice entitlements, for injury to dignity following a failure by her employer to accommodate her mental disability.[1] In a recent 2026 decision, the complainant was awarded $20,000 in damages for injury to dignity following her employer’s decision to terminate her employment being related to her mental disability.[2] The quantum of these awards is comparable to that awarded in physical disability discrimination complaints.

Take Aways

Given the volume of human rights complaints, the rise of mental disability complaints, and the increase in damage awards for discrimination based on mental disability, employers are well advised to examine their management and accommodation practices for employees with mental disabilities in the workplace and to keep the following guideposts in mind when assessing accommodation:

• Mental disabilities manifest differently in the workplace and employers should be mindful of their duty to inquire where an employee displays signs of a potential mental disability.
• Getting the right information from medical providers at the outset of the accommodation is paramount. Employers should ensure that they are asking questions about fitness for work and medical restrictions that are tailored to mental disabilities.
• The duty to accommodate is a multi-party inquiry. Employees (and the union where applicable) are required to cooperate in the accommodation process. This includes a responsibility on the employee to provide appropriate information regarding the nature of their medical condition and their limitations and restrictions. An employee who repeatedly fails to cooperate in the accommodation process ultimately risks their employment.
• Accommodations should reflect the needs of the individual in conjunction with the needs of the workplace. Employees are entitled to reasonable accommodation that meets their restrictions – not their preferred accommodation. Employers should be wary of medical notes and information that demand a particular accommodation rather than setting out the employee’s limitations and restrictions.
• Employers must keep detailed records of all communications with employees on the topic of accommodation, all efforts made to search for and offer reasonable accommodation, and any offers of accommodation made.

Our Labour and Employment team advises employers about human rights concerns and accommodation processes. Contact us to ensure your accommodation process is clear and compliant with current law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.