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ARTICLE · 19 DECEMBER 2018

Pre-employment Inquiries: A Cautionary Tale

In July of this year, The Human Rights Tribunal ruled that the Imperial Oil Limited ("IO") pre-employment practice of requesting that job applicants disclose ...

CanadaEmployment and HR

Facts

In July of this year, The Human Rights Tribunal ruled that the Imperial Oil Limited ("IO") pre-employment practice of requesting that job applicants disclose whether or not they were entitled to work in Canada permanently constituted discrimination on the basis of citizenship, pursuant to the Ontario Human Rights Code.

The applicant, Mr. Haseeb, was an international student pursuing undergraduate studies in engineering at McGill University. In the last semester of his studies, he applied for an entry-level position as a Project Engineer with the company's Sarnia location. He heard through the grapevine that IO had a policy of only hiring citizens and permanent residents for the advertised position. When questioned by IO during the hiring process, he concealed the fact that he did not meet their "permanency requirement". Upon successful completion of his program, the applicant would become eligible for a 3-year work permit, under the Federal Post Graduate

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