Hiring Discrimination

It is illegal to discriminate against an individual during the hiring of employees. Discrimination means prejudice based on the following “grounds”: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Accordingly, it is illegal for an employer to:

  • publish a job advertisement which discriminates applicants based on discriminatory grounds.
  • refuse to hire applicants based on discriminatory grounds.

At the same time, during a job interview, it is illegal to ask questions that relate to, or screen out, an applicant’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. In this regard, employers are not allowed to ask questions or ask applicants to fill our forms that prescreen, for example, height & weight, finances, religious affiliation or beliefs, marital status, number of children and gender, etc. Likewise, employers should not ask an applicant to provide a photograph.

Finally, employers must accommodate applicants with disabilities who need accommodation in the application process of the job interview (i.e. sign language interpreter, wheelchair accessibility, etc.).

Click here for more on human rights in the workplace.

Dutton Employment Law is a law firm that advises on hiring discrimination.

If you believe you were discriminated against as an applicant to a job, please contact a human rights, discrimination lawyer today.