Duty To Inquire And CTE Discrimination In Alberta Human Rights

In Calkins v Broadview Homes (Alberta) Ltd., 2023 AHRC 45, an employer terminated an employee without cause after receiving a years' worth of complaints from customers about the employee's performance and behaviour. The Alberta Human Rights Tribunal found that the employer discriminated against the employee as it failed to inquire about whether the performance concerns were related to his Chronic Traumatic Encephalopathy ("CTE").

This case is important, as it provides a clear example of how lack of intention to discriminate does not preclude a finding of discrimination.

Facts

The following are the facts summarized by the Tribunal:

• Broadview Homes terminated Mr. Calkins without cause after approximately two and a half years of employment. Mr. Calkins subsequently filed a complaint with the Human Rights Commission, alleging that Broadview Homes discriminated against him based on his CTE.