A recent decision is an important reminder for employers to be
careful in how they assess and treat candidates during the
recruitment process. In Moore v. Ferro (Estate), 2019 HRTO
526, the Human Rights Tribunal of Ontario (the
"Tribunal") held that a law firm discriminated against an
applicant because of his age and race, and by failing to
investigate his discrimination complaint. The Tribunal also found
that the law firm engaged in a reprisal.
What Happened?
The applicant was 45 years old. He self-identified as a Black
man of Afro-Caribbean descent. He applied for a position at a law
firm in Ontario and went through several interviews.
At the completion of the hiring process, the law firm told the
applicant that he would not be receiving an offer. The applicant
sent a five-page email to the firm alleging that the firm
discriminated against him because of his age and race. In the
heated exchange of emails that followed, the principal lawyer at
the firm made