The Ontario Human Rights Code protects individuals from discrimination in the hiring process. This includes discrimination based on race, gender, age, disability, and other protected grounds.
Protected Grounds in Hiring
- Race, Colour, and Ethnic Origin: An employer cannot discriminate based on your background or the color of your skin.
- Gender and Sexual Orientation: An employer cannot discriminate based on your gender identity or sexual orientation.
- Age: An employer cannot discriminate based on how old you are (unless there is a bona fide occupational requirement).
- Disability: An employer cannot discriminate based on a physical or mental disability.
- Religious Beliefs: An employer cannot discriminate based on your religion or lack thereof.
Common Discriminatory Practices
- Questions in Interviews: An employer should not ask questions about your age, marital status, or family plans during an interview.
- Job Postings: An employer should not use language that suggests they are looking for a specific type of person (e.g., "young and energetic", "female preferred").
- Standardized Tests: An employer should not use tests that are not related to the requirements of the job and that have a discriminatory impact on certain groups.
Filing a Complaint
If you believe you have been discriminated against in the hiring process, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO). You have one year from the date of the discrimination to file your application.
Remedies
The HRTO can award damages for injury to dignity, feelings, and self-respect. They can also order the employer to change their hiring practices or to offer you a job.