Written by: Justin C. Haack
A recent Alberta Human Rights Commission decision serves as an important reminder that complaints must be supported by evidence, not assumptions or speculation.
Background
In Beck v Children’s Autism Services of Edmonton[1] a member of the Alberta Human Rights Commission (the “Commission”) upheld the Director the Human Rights Tribunal of Alberta (“Director”) decision to dismiss a human rights complaint because of insufficient evidence.
The complainant alleged that they had experienced bullying, harassment, and discrimination related to autism and attention deficit hyperactivity disorder (ADHD). They also claimed that their employer failed to accommodate those disabilities when the employer dismissed the complainant.
The Director dismissed the complaint after finding there was no reasonable prospect of success in establishing the complainant had a disability.
Review of the Director’s Decision
The complainant filed a review of the Director’s decision pursuant to section 26 of the Alberta Human Rights Act.[2] The Commission on a section 26 review may overturn the Director’s decision when:[3]
- There is a genuine issue requiring a hearing;
- There is some chance of success;
- The allegations must be accepted as true unless those allegations are based on assumptions, speculations, or are patently ridiculous or incapable of proof; and
- The available evidence must take the case out of the realm of conjecture.
As part of the review, the complainant provided new medical evidence which supported diagnoses for both autism and ADHD. However, the complainant failed to produce any evidence that these mental disabilities were factors in the dismissal. The Commission upheld the Director’s decision to dismiss the complaint finding the allegations were based on assumptions and speculations and there was no genuine issue requiring a hearing.
Takeaway for Employers
Workplaces are becoming increasingly aware of the need to accommodate neurodivergent employees, including individuals with autism, ADHD, and other cognitive or neurological differences.
The decision reinforces two important principles for employers:
- The duty is to provide reasonable accommodation, not perfect accommodation; and
- Human rights complaints require evidence. Allegations based solely on assumptions, speculation, or unsupported conclusions should be dismissed.
If your organization has received a human rights complaint from a current or former employee, obtaining legal advice early can help you assess your position, preserve important evidence, and respond effectively.
McCuaig Desrochers LLP regularly advises and represents employers in human rights matters. Our team can help you navigate the complaint process, evaluate potential risks, and develop a practical strategy tailored to your circumstances.
Contact us today to schedule a consultation and discuss your options.
This article is informative and is not legal advice. Legal advice should be obtained for your unique circumstances.
[1] 2026 AHRC 88 [Beck].
[2] RSA 2000, c A-25.5
[3] Beck, at para 12.1
