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My Exemption Was Denied – Now What?
Remember: YOU do not need to PROVE you are exempt on Human Rights protected grounds, the employer must PROVE why they cannot accommodate you. This is based on Supreme Court of Canada case law.
Should you receive any information or correspondence from the GoA Vaccination Exemption team or any other department of the GoA suggesting your human rights exemption on protected ground (any grounds) is denied… reply with a demand for the following (in writing):
(copy & paste verbatim)
A written rationale for the denial of my protected grounds disclosure, which includes hyperlinks and references to your lawful authority and specific laws, statutes or regulations permitted you to deny my exemption request, inclusive of – but not limited to:
Excerpts from the Canada and Alberta Human Rights Act
Excerpts from the Alberta Human Rights Commissioner Guidelines
Alberta Court of Queens’s Bench Case Law
Supreme Court of Canada Case Law
The name, classification, role, and qualifications of the person who denied (signed off) my exemption.
If the exemption was based on medical or mental disability protected grounds:
Your medical licence identifier inclusive of specialty of practice and number of years you have been employed or designated as a medical practitioner.
Confirmation of your membership in the Alberta College of Physicians and Surgeons.
The name and address of your medical practice.
The date you personally examined me as a patient.
The date you met with me and my personal family doctor or practitioner to discuss a diagnosis and treatment plan.
An explanation of how my medical or mental disability disqualifies me from being protected based on the definitions in the Human Rights Act.
If the exemption was based on religious beliefs protected grounds:
Your current religious beliefs.
How your current religious beliefs do or do not create a conflict of interest or imply a bias against my personal religious beliefs.
The date(s) you personally met with me or accompanied me to witness or experience my personal religious beliefs.
An explanation of how you were able to objectively (as opposed to subjectively) qualify and quantify the legitimacy of my religious beliefs.
An explanation of how my personal beliefs disqualify me from being protected based on the definitions in the Human Rights Act.
A written list of accommodation examples that you have examined specifically to my present employment assignment, classification, job description, duties and location – and your rationale for eliminating any or all of the following accommodations from being available for me:
Work from home
Work at an alternate site
Work at a more personal protected equipped location
Modification of duties that lessen your expose to the public
Modification of duties that lessen your expose to colleagues
Issuance of individually fitted personal protective equipment (PPE)
Workstation office, desk, cubical alterations
Rotational work schedules
Rotational work locations
Additional sanitation/cleaning
Eliminating non-essential job functions
Different same-classification of job assignments
Rapid Home COVID test kits (if not part of your exemption request)
The date you personally met with me and my Manager / Supervisor to design a custom accommodation for my Human Rights protected status.
The date and written reply you personally received from the Alberta Human Rights Commissioner advising you that my formal complaint to the Human Rights Commission has been investigated and resolved and how your interaction with me now, in response to my exemption request, is not a violation of Section 10(1) of the Alberta Human Rights Act.
