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Legislation Governing Discrimination Against Employees.doc

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University of Alberta
Business Law
B LAW402
Elaine Geddes

Legislation Governing Discrimination Against Employees Canadian Charter of Rights and Freedoms 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Alberta Human Rights, Citizenship and Multiculturalism Act 6. (1) Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay the employees at the same rate of pay. (5) No employer shall reduce the rate of pay of an employee in order to comply with this section. (6) When an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer by action the difference between the amount paid and the amount to which the employee was entitled, together with costs, but (a) the action must be commenced within 12 months from the date on which the cause of action arose and not afterward, (b) the action applies only to the wages of an employee during the 12- month period immediately preceding the termination of the employee's services or the commencement of the action, whichever occurs first, (c) the action may not be commenced or proceeded with when the employee has made a complaint to the Commission in respect of the contravention of this section, and (d) no complaint by the employee in respect of the contravention shall be acted on by the Commission when an action has been commenced by the employee under this section. 7. (1) No employer shall (a) refuse to employ or refuse to continue to employ any person, or (b) discriminate against any p
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