The Alberta Human Rights Commission ("AHRC") recently issued written guidance on vaccine mandates and proof of vaccination. Here are a few key takeaways for employers, service providers, and landlords:
- Employers, service providers, and landlords have a duty to
accommodate a person with a disability or other relevant protected
ground (i.e. religious beliefs) that supports a person's
inability to be vaccinated.
- A business is not required to allow an unvaccinated person to
enter their establishment to accommodate; other methods may be
appropriate. The other methods might include offering curbside
pickup or online shopping.
- Similarly, an employer is not required to allow an unvaccinated
employee to enter their workplace to accommodate; other methods,
including allowing the employee to work from home, or to undergo
regular COVID-19 testing, may be appropriate.
- The AHRC cannot address claims of human rights violations on
the grounds of personal opinion or political beliefs.
- The AHRC also cannot address claims of rights violations under
the Canadian Charter of Rights and Freedoms.
- Where a complaint involves a vaccination requirement, the AHRC
will require the following be produced early in the complaint
process:
- Where the complaint is based on the ground of mental or physical disability, medical information confirming that the person has a disability that prevents them from being vaccinated for COVID-19; or
- Where the complaint based on the ground of religious belief, it
must be supported by a sincerely held belief that is connected to a
person's faith.
- Vaccination mandates and proof of vaccination should address current pandemic conditions. Accordingly, policies should be reviewed and updated regularly to ensure that they do not go further than required at any given time.
Employers, service providers, and landlords will need to keep in mind the requirement to assess requests for accommodation individually. Application of a blanket policy on how to deal with accommodation requests will not necessarily be sufficient to constitute reasonable accommodation in every case. The circumstances of the individual in question must be considered.
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.
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