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ARTICLE · 27 AUGUST 2019

Avoiding Hiring Pitfalls

To avoid hiring pitfalls, employers should be aware of applicable human rights legislation. An employer that is federally regulated is subject to the Canada Human Rights Act

CanadaEmployment and HR

Hiring Pitfalls

To avoid hiring pitfalls, employers should be aware of applicable human rights legislation. An employer that is federally regulated is subject to the Canada Human Rights Act, whereas provincially regulated employers fall under the jurisdiction of the Ontario Human Rights Code ("Code").

This article will focus on discrimination in the hiring process under the Ontario Human Rights Code.

The purpose of human rights legislation in Ontario is "... to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination." To this end, employers are prohibited from basing hiring decisions on protected grounds: age, creed, disability, family and marital status, gender identity and gender expression, race and related grounds, receipt of public assistance, record of offences, sex and sexual orientation.

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