While recruiting a new staff indicates that your business is growing, it can be full of potential challenges and risks. Discrimination in the hiring process is a serious issue and it is important for employers to ensure they are conducting their search for new employees in a fair and equitable manner. It is also important for potential employees to be able to spot the signs of discrimination during the hiring process and know their rights.

What is discrimination in the hiring process?

Discrimination in hiring occurs when an employer denies employment to certain candidates based on a protected ground under the Ontario Human Rights Code (the “Code”), instead of based on their qualifications. Discrimination can take several different forms: direct discrimination, indirect discrimination, and harassment. To ensure equality, all applicants must be given a fair chance based on their qualifications during the entire recruitment process.

What can you do to avoid discrimination in the hiring process?

  1. Choose a standard set of criteria: Employers should create a list of the skills and qualifications that an employee will need to fulfil their employment duties. This criteria should be applicable to all candidates.
  2. Ensure job requirements are essential: The skills and qualifications listed in a job description should be based on ability and should be directly connected to the duties and responsibilities required of the position. It is imperative to avoid gender and age discrimination in your job descriptions.
  3. Train HR and recruiting team: Everyone involved in making hiring decisions should be well aware of the applicable legislation and company policies. Training should be provided to ensure the hiring team can understand, recognize, and prevent various forms of discrimination throughout the hiring process.
  4. Advertising open positions: Employers should include formal and well-known websites when advertising their job postings, including but not limited to Indeed and LinkedIn. This practice will ensure that employers are not eliminating suitable candidates from their recruitment process through internal advertising networks or word of mouth.
  5. Job application questions: Employer should always refrain from asking questions aimed at obtaining information that can be used to discriminate based on protected grounds including but not limited to an applicant’s age, religion or sexual orientation.
  6. Job Interviews: Questions should be used to determine a candidates’ suitability for the role based on their skills, qualifications, and experience. Employers should not use the process to ask questions that are not directly related to a candidates’ ability to fulfil the job requirements.
  7. Pre-employment testing: Testing should be approached carefully as they must be directly related to a job requirement to avoid potential discrimination against candidates based on protected grounds under the Code.

Contact Us

If you are an employer facing a human rights claim, or an employee who believes you’ve been discriminated in the hiring process, our team of experienced workplace lawyers at Achkar Law can help. Contact us by phone toll-free at +1 (800) 771-7882 or email us at info@achkarlaw.com and we would be happy to assist.

If you are a small or medium-sized company looking for full-service support with same day response, visit our CLO Program page for our strategic solutions.

 

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