Monday, October 28, 2013 - The Ontario Human Rights Commission, City of Ottawa, Ottawa Local Immigration Partnership and Hire Immigrants Ottawa invite you to learn about the OHRC’s new Policy on removing the “Canadian experience” barrier.
The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.
The right to “equal treatment with respect to employment” covers every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.
Relevant policies and guides:
- Policy on removing the "Canadian experience" barrier
- Human rights at work 2008 - 3rd edition
- Guidelines on developing human rights policies and procedures
- Policy on employment-related medical information
- Policy on drug and alcohol testing
- Policy on requiring a drivers license as a condition of employment
- Human rights maturity model (Canadian Human Rights Commission)
The ultimate responsibility for maintaining an environment free from sexual harassment rests with employers, housing providers, educators and other responsible parties covered by the Code. From a human rights perspective, it is not acceptable to choose to stay unaware of sexual harassment, whether or not a human rights claim has been made.
While unequal power relationships exist in many sectors of society, they tend to appear the most in the workplace, where hierarchies are common. Both women and men may experience sexual harassment in employment, but women tend to be more vulnerable to harassment by men, because relative to men, more women hold lower-paying, lower-authority and lower-status jobs. At the same time, even women in positions of authority are not free from sexual harassment or inappropriate gender-related behaviour.
Monday July 29, 2013, 1:00 to 2:30 p.m. The OHRC is partnering with the Learning Enrichment Foundation to host a second event in Toronto to introduce the new Policy on removing the “Canadian experience” barrier.
Some employers ask people applying for jobs if they have “Canadian experience.” That can make it much harder for people new to Canada to find work. Some “regulatory bodies” (such as the professional associations for accountants or doctors) also ask for Canadian experience.
The Ontario Human Rights Commission (OHRC) believes that asking for Canadian experience can result in discrimination. Employers and regulatory bodies should always have to show why Canadian experience is needed.
July 2013 - While the Ontario Human Rights Commission (OHRC) recognizes the significance of all of the barriers newcomers potentially face when trying to access the job market, this policy will focus on “Canadian experience” as an employment or accreditation requirement, and as a practice that raises human rights concerns. The OHRC’s position is that a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test this policy sets out.
Monday July 15, 2013, 10 a.m. to 12 noon. Please join us as we launch our new policy addressing this pressing issue.
The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”. For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive. Also, asking a job applicant to provide a photocopy of their driver's licence would reveal information about the applican
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.