Employment Lawyers often say that the two riskiest parts of the employment relationship are the hiring stage and the dismissal. Each of these raise their own specific sets of risks, but one commonality is that it is often easy for the candidate or employee to allege that they were discriminated against on the basis of a protected ground under Human Rights legislation.
prohibited grounds of discrimination
Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment? Is it a breach of the worker’s human rights if the employer dismisses him for refusing to complete a CRC? What if the employee has a previous criminal conviction?
Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.