Expanded Definition of Retaliation under the Human Rights Code

The definition of retaliation in section 43 of the Human Rights Code was recently expanded by the Administrative Tribunal Statutes Amendment Act.

Section 43 of the Code previously only offered protection against retaliation where a person had filed a complaint or was named in the complaint. That protection has now been expanded to include a prohibition on retaliatory conduct where someone might make a complaint, might be named in a complaint, gives or might give evidence or help in connection with a complaint.

The amended section 43 of the Code applies to conduct which occurred on or after May 14, 2015.

Employers should be aware of this amendment to the Code as section 43 now prohibits retaliatory conduct in significantly more circumstances than previously.

Employers can find more information about the amendment to the Code here.

Questions relating to the content of this article may be directed to Kacey A. Krenn.