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ARTICLE · 18 JULY 2019

But I Didn't Mean To! Unintentional Discrimination Is Still Discrimination

A recent decision is an important reminder for employers to be careful in how they assess and treat candidates during the recruitment process.

CanadaEmployment and HR

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

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