Alberta Government Human rights, vaccines, and medical testing

via Alberta Construction Association

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Duty to accommodate

If employers, service providers, and landlords are considering requiring vaccinations, they also need to consider that some people are not able to be vaccinated because of a disability, such as allergic reactions to vaccinations or immunosuppression. They will have a duty to accommodate those people to the point of undue hardship. They will also need to balance their accommodation obligations with other legal obligations. For example, will accommodating one employee place others at a real risk, especially those vulnerable to COVID-19 (such as seniors or individuals with certain disabilities).

Some people may not want to be vaccinated because they do not believe in vaccines. However, not all beliefs are protected under the Act in Alberta. Only religious beliefs that are sincerely held and connected to a faith must be accommodated in the areas protected under the Act, such as employment, services, or tenancy. As with accommodation of disabilities, employers, service providers, and landlords may also have to consider other legal obligations to all their employees, service recipients, and tenants.

Can I make a human rights complaint about vaccines?

The Commission may accept a complaint when someone has a disability or religious belief that they allege was not accommodated by their employer, service provider, or landlord. Early in the complaint process, a person making a human rights complaint on the ground of mental disability or physical disability will need to provide medical information to confirm they have a disability that prevents them from being vaccinated.

Someone who wants to make a complaint on the ground of religious beliefs will need to provide information to show their belief that they cannot be vaccinated is sincerely held and connected to their faith.

If a complaint is accepted, what happens next?

The party that the complaint is against (the Respondent) will have an opportunity to provide a response to an accepted complaint. They may provide information about what accommodations were offered and available. They will also be able to provide information explaining why they could not accommodate employees, service recipients, or tenants who are unable to be vaccinated, in