It can be very challenging to find the right person for the job. Hiring practices are not less challenging. Sometimes very naive words in the advertising at the first glance or plain simple questions during the interview might destroy you if you do not know how to swim. There is no list of do’s and don’t’s. There is no guarantee and every case depends on the specific facts. Nevertheless, every employer needs to know the basics.
The Human Rights Code secures equal treatment for all individuals with respect to employment and covers all aspects at all stages of employment from before the employment begins up to the very end and in some situations extend even after that.
Section 23(1) of the Human Rights Code states that “The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination.” This clause as well as section 23(2) and 23(3)warn employers about the language they use in publications when advertising, in application forms and during interviews.
Let’s analyze some wording from the above passage. What does “indirectly” mean there? “Indirectly means that you can adversely touch on prohibited grounds not having any intention of doing it. Intention does not count in discrimination cases , what matters is the effect of it. For example, it is better to use a gender-neutral words, such as business person rather than a businessman. The invitation should not point at the preferred age of a potential employee or any other characteristics that could be related to one of the prohibited grounds of discrimination. Another example would be indicating a Canadian experience as a requirement for the job . “What is wrong with this one?”, you might ask. This type of wording prevents all other individuals who do not have Canadian experience, but who might qualify for the job, from applying for the position. A prohibited ground as a place of origin could be invoked.
If you as employer have an a job application form to be completed by an applicant, make sure that the form contains only job-related questions and are limited to the minimum required. Do not try to be creative, adk only the question that can establish the identity of an applicant and show his work history and qualifications for the specific job.
Job interview