What is the Saskatchewan Human Rights Code?

The Saskatchewan Human Rights Code is a provincial law applicable to all areas of employment. It establishes equal rights and opportunities, freedom from discrimination, and is enforced by the Saskatchewan Human Rights Commission.

Under the Saskatchewan Human Rights Code, it is illegal to discriminate against any person on the following grounds:

  • Religion
  • Creed
  • Marital status
  • family status
  • Sex
  • Sexual orientation
  • Disability
  • Age (18 or more)
  • Colour
  • Ancestry
  • Nationality
  • Place of origin
  • Race or perceived race
  • Receipt of public assistance
  • Gender identity

The Saskatchewan Human Rights Code also protects fundamental rights, such as freedom of expression, conscience, association, within legal limits.

As an employer, it is your legal responsibility to understand the rules and regulations of The Saskatchewan Human Rights Code and how it relates to your employees and business.

Duty to accommodate

Employers have a duty to accommodate employees on grounds protected under the Saskatchewan Human Rights Code to the point of undue hardship.

Undue hardship is when the accommodation request would be too great a burden (either operationally, financially, or otherwise) to follow. Or the accommodation may cause major health and safety risks.

Pay discrimination

Employers can’t compensate employees differently for similar work based solely on any of the prohibited grounds in the Code. Employee wages should be based on objective criteria such as an employee’s seniority, skills, and responsibility levels.

Discrimination in the workplace is illegal. You are strongly advised to have a workplace discrimination policy that prohibits discrimination in all forms and provides examples of the prohibited behaviour. The policy should also set out a procedure for employees to follow if they feel they have been subjected to harassment or bullying.

Your policy must clearly identify who is responsible for investigating complaints. You should include this policy in an employee handbook that is available to staff at all times.

What happens if there is an employee complaint?

Employee complaints on the infringement of their human rights at work are filed with the Saskatchewan Human Rights Commission. But the complaint must be made to the Saskatchewan Human Rights Commission within a year after the alleged incident of discrimination.

Are you dealing with a human rights issue?

Employer Line offers free employer and HR advice on the Saskatchewan Human Rights Code. Don’t wait until you’re in an employment dispute; call our complimentary employer helpline to ensure your employee handbook is up to date: 1 (306) 952-5891.