Requiring Proof Of Eligibility To Work In Canada On A Permanent Basis Discriminatory

In a recent decision released by the Human Rights Tribunal of Ontario (Tribunal), the Tribunal found that an employer discriminated against a potential employee on the basis of citizenship when it required proof of eligibility to work in Canada on a permanent basis (Canadian citizenship or permanent residency) as a condition of employment.

In Haseeb v. Imperial Oil Limited, the Applicant, a student at McGill University completing his engineering degree, applied for an entry level engineering position at Imperial Oil during his final semester. At the time, he was an international student on a student visa. Upon graduation, he would become eligible for a "postgraduate work permit" (PGWP) for three years which would allow him to work full time, anywhere, and with any employer in Canada. He anticipated that he would attain permanent residency status within three years.