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ARTICLE · 12 SEPTEMBER 2018

Sometimes Less Is More: Requesting Information Regarding A Job Applicant's Citizenship Status

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A recent decision of the Human Rights Tribunal of Ontario (the HRTO) should serve as a caution to employers to limit inquiries into a job applicant's ability to legally work in Canada only ...

CanadaEmployment and HR
Nathaniel B.F. Marshall
Nathaniel B.F. Marshall
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A recent decision of the Human Rights Tribunal of Ontario (the HRTO) should serve as a caution to employers to limit inquiries into a job applicant’s ability to legally work in Canada only to the extent necessary to establish they are able to do so. In Haseeb v. Imperial Oil Limited, 2018 HRTO 957 (CanLii), the HRTO found that Imperial Oil directly discriminated against Haseeb contrary to the Human Rights Code (the Code) by revoking a job offer because he only possessed a work permit and did not have Canadian citizenship or permanent residency status.

Background

Haseeb was an international student studying engineering at McGill University. During his final semester he applied for an entry level position with Imperial Oil. However, prior to doing so, Haseeb learned through other students that Imperial Oil had a policy of only hiring international students for co-op positions, not for permanent, full-time positions (the Policy). Notwithstanding the Policy, Haseeb

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