January 22, 2025

Under the Alberta Human Rights Act, employers are prohibited from discriminating against employees based on their mental health conditions. In some instances, this extends to stress or anxiety.
Employers are obligated to provide accommodations to the point of undue hardship, to employees dealing with mental health challenges. This means they cannot refuse accommodation because it is inconvenient for them. Accommodations may include adjusting workloads, offering flexible hours, or providing additional support as needed. A failure to do so is a breach of the employee’s human rights and could expose the employer to a human rights complaint, or other legal action.
Generally, an employee must bring their disability to the attention of their employer and request an accommodation in order for the employer’s duty to accommodate to arise. However, the Alberta Human Rights Tribunal in Fleck-Brezinski v Edmonton Police Service, determined that where an employer “reasonably ought to be aware” that a disability is contributing to poor performance, they have a duty to inquire about the relationship between a possible disability and the performance issues before taking disciplinary action.
Taking disciplinary steps against an employee where mental health may be a factor, could therefore expose employers to liability even if the disability has not been brought to the employer’s attention.
The YesMadam Case: A Cautionary Tale
One notable example of how mental health issues can be mishandled in the workplace is the recent controversy surrounding YesMadam, a home salon services company based in India. Following a survey of its employees regarding workplace mental health and stress, the company issued a company-wide email stating: “To ensure no one remains stressed at work, we have made the difficult decision to part ways with employees who indicated significant stress. This decision is effective immediately.” The email was leaked on social media and the company faced significant backlash.
Companies are entitled to inquire with their employees about workplace stress. In fact, such inquiry is supported by an employer’s obligation to ensure a safe workplace under Alberta’s Occupational Health and Safety Act. In Alberta, discourse and the law are moving towards increased awareness of mental health issues, greater obligations on employers, and stronger protections for employees who are experiencing mental health challenges at work.
YesMadam later attempted to clarify that no employees were actually fired, and the post was part of a broader campaign to raise awareness about workplace stress. While this may have been an unfortunate PR error, (or stunt), the incident highlights how mental health in the workplace is a sensitive topic for many.
Lessons for Alberta Employers
Mental health issues, including stress, and anxiety, are increasingly recognized as serious and pervasive challenges that affect individual employees and the overall culture and productivity of organizations. Mishandling such issues can lead to violations of an employee’s rights and harm to the company’s reputation.
Communication about mental health issues should always be handled with empathy, sensitivity, and a genuine commitment to supporting employees. Employers should be mindful of their obligations to create a safe and healthy workplace, which sometimes includes inquiries about possible mental health issues.
Employers in Alberta should have clear policies for mental health accommodation and ensure that employees have access to resources such as Employee Assistance Programs (EAPs), and counseling services.
If you need support navigating mental health challenges in your workplace, contact one of our experienced employment lawyers to receive guidance.
Author
Kate Perala
Associate
T: 403.705.3690
E: [email protected]