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Discrimination In The Hiring Process

Discrimination in the hiring process is a serious issue. While recruiting a new staff indicates your business is growing, it can be full of potential challenges and risks. Employers need to ensure they conduct their search for new employees fairly and equitably. It is also necessary 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 the hiring process occurs when an employer denies employment to specific candidates based on a protected ground under the Ontario Human Rights Code (the “Code”) instead of qualifications. Discrimination can take several 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.

How To Avoid Discrimination In The Hiring Process

  1. Choose a standard set of criteria: Employers should create a list of the skills and qualifications an employee will need to fulfil their employment duties. These criteria should apply 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 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 promoting 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: Employers 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 not directly related to a candidates’ ability to fulfil the job requirements.
  7. Pre-employment testing: Testing should be approached carefully as it 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 have experienced discrimination 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 [email protected], and we would be happy to assist.

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

Disclaimer: This blog is not intended to serve as or should be construed as legal advice and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related party. Should you require legal advice for your particular situation, fill out the contact form, call (800) 771-7882 or email [email protected]