Human Rights of Employees: What an Employer can & cannot ask?

Human Rights of Employees: What an Employer can & cannot ask?

Do you know about the human rights of employees in Canada? Recently, the Ontario Human Rights commission said that Canadian employers cannot ask about the lack of Canadian work experience a newcomer may have. Along with that, employers cannot ask about a number of other things. Also, these may differ from the rights of permanent residents in Canada as some of these employees could be only temporarily working in Canada. 

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Human Rights of Employees: Can my Employer ask how much Canadian Work Experience I Have?

When a newcomer is searching for a job in Canada, they may face a number of challenges. Navigating through the barriers could prove to be quite exhausting and time consuming if you don’t have proper knowledge. 

One of the most common challenges faced by a newcomer when looking for a job in Canada is not having enough Canadian work experience. But does that mean a Canadian employer can just ask about it right away? The Ontario Human Rights commission says no. 

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The commission has published a guide that clearly states that requiring Canadian work experience may violate the Ontario Human Rights Code. Let’s see what the Canadian Human Rights Act says about this. 

Canadian Human Rights Act 

According to the Canadian Human Rights Act, a federal employer cannot ask their employee about their age, sex, gender orientation, sexual orientation, family status, marital status, physical disability, mental disability, race, religion, and color. Enquiring about such things is illegal. 

Similarly, asking about “Canadian Experience” is considered discriminatory. However, if asking about the work experience of the employee is a legitimate requirement, then that’s a different question. 

An Employer is Allowed to Ask… 

Even if the Canadian employer cannot ask about Canadian work experience, they are still allowed to enquire about the qualifications of the employee. They can also ask the employer if they possess the ability to do the job they would be assigned to do. 

Moreover, they can ask if the employee has a legal status in Canada or not. This means if they are allowed to legally work in Canada or not. Further, the employer may ask the employee if they have any past criminal record. And can also ask the employee to get a police clearance certificate.  

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Niyati Chaurasia

Niyati Chaurasia

Niyati’s specialty lies in Canadian immigration matters along with crafting helpful, user-oriented content.

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