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job applicant

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read October 27, 2014

Employers: Are your job ads in keeping with the Code?

When does a job advertisement breach the Ontario Human Rights Code? The same question was asked and answered in Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13.

When the Complainant, Caroline Wedley, was terminated from her job as a cleaner, she alleged that she was told by management that they were seeking to hire two men. When later she spotted two advertisements in her local paper requesting male applicants, Ms. Wedley filed a human rights application.

In her application Ms. Wedley alleged that she was treated unfairly and was terminated due to her gender. In short, she believed her employers wanted to hire a man for her position. The Respondents, Northview Co-operative Homes Inc. (“Northview”) held that Ms. Wedley was dismissed due to deteriorating job performance and Northview’s increased maintenance needs.[1]

The question before the Tribunal was whether or not Northview had breached the “Code”.

History

… Continue reading “Employers: Are your job ads in keeping with the Code?”

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Employment Standards, Human Rights / Anti-Discrimination Policy and Human Rights Complaints Procedure, Caroline Wedley, employment, employment law, gender discrimination, hiring process, human rights code, Human rights Code Ontario, Job advertisement, job applicant, Kevin Sambano, Ontario Human Rights Tribunal, public interest remedies, recruitment and selection policy, selection process, sex discrimination, termination, Wedley v. Northview Co-operative Homes Inc.

By Alison J. Bird | 2 Minutes Read August 11, 2014

The older job applicant: Human Rights considerations

The number of workers over the age of 65 has significantly increased in recent years, and a survey by Towers Watson found that one-third of all respondents and 42 percent of older workers have decided to delay retirement. This aging workforce demographic means that not only are there more older workers remaining in their employment, but also that there are many older workers seeking new employment.

Article by Alison J. Bird / Accessibility Standards, Employee Relations, Employment Standards, Human Rights / age discrimination, aging workforce demographic, be careful not to discriminate against an applicant on the basis of age, date of birth on the application form, employment law, Human Rights considerations, job applicant, job applicant’s date of birth can trigger human rights liability, many older workers seeking new employment, older job applicant, older workers, older workers have decided to delay retirement, Ontario human rights commission, retirement, Statistics Canada, Towers Watson, workers over the age of 65, workforce

By Christina Catenacci, BA, LLB, LLM, Ph.D. | 5 Minutes Read March 26, 2014

The importance of documentation when dealing with a human rights complaint

This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer's liability.

Article by Christina Catenacci, BA, LLB, LLM, Ph.D. / Employee Relations, Human Rights / age, age discrimination, application forms, discrimination, documentation, duty to accommodate persons with disabilities, employer did not discriminate against the applicant based on age, employer's liability, employment, employment law, hiring, hiring manager, hiring process, Human rights complaint, importance of documentation, interview, job applicant, Job offer, pre-screening process, principle of equal opportunity, principle of non-discrimination, selection process, telephone conversation, The Northwest Territories Human Rights Adjudication Panel

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