In Canada, there are laws in place to prevent hiring discrimination on several grounds.  Discrimination is typically considered to be any prejudice against a person based on race or ethnicity, country of origin or citizenship, gender/gender identity, sexual orientation, age, criminal record, marital status, disability, or family status.  As such, efforts related to employment recruitment including job advertisements and interviews must be free of discriminatory language and practices.  If you feel you have experienced hiring discrimination, you may want to speak to an employment lawyer.  Let’s take a closer look at workplace rights before considering some tips for hiring and employment discrimination lawyer.

Human Rights

Canada has well-established human rights legislation that stems from the Canadian Charter of Rights and Freedoms.  In a nutshell, the Charter establishes the rights and freedoms that are bestowed upon all people living in Canada, and it has important implications for human rights in the workplace. Ultimately, these rights ensure that discrimination in hiring, employing, or dismissing an individual is illegal.  The Canadian Human Rights Commission defines discrimination as “an action or decision that treats a person or group badly for reasons such as race, age, or disability.  These reasons, also called grounds, are protected under the Canadian Human Rights Act.”  Specifically, the Commission identifies the following grounds for discrimination:

  • Race
  • National/ethnic origin
  • Colour
  • Religion
  • Age
  • Sex
  • Sexual orientation
  • Gender identity or expression
  • Marital status
  • Family status
  • Disability
  • Genetic characteristics
  • Criminal conviction for which a pardon has been granted or a record suspended.

Unfortunately, workplace discrimination still occurs in Canada, and many people find themselves needing assistance navigating the nuances of employment law and human rights regulations.

Hiring an Employment Discrimination Lawyer

Employment discrimination lawyers specialize in helping people understand the employment discrimination protections afforded to them in Canada, and even how to identify employment and hiring discrimination.  While it may be obvious that during a job interview or in a job advertisement employers may not screen for an applicant’s race, ancestry, sexual orientation, gender identity, or the other grounds for discrimination listed above, it’s not always clear how to proceed when you feel discrimination has occurred.  This is where an employment discrimination lawyer can help.  But how do you choose a lawyer that’s right for you?

It’s always important to get a sense of a lawyer’s skills and experience.  There are a few questions you should always ask potential candidates:

  1. What kind of employment discrimination experience do you have? Do you have experience with arbitration?
  2. How long have you been practicing employment law?
  3. Do you have experience with employment law in my industry?
  4. Do you represent employees, employers, or both? (A lawyer with experience litigating on both sides of employment discrimination cases will bring valuable insights and experience to your case).

In the end, remember that your rights matter and a good employment discrimination lawyer will not only help you understand when your rights have been violated, but also seek a resolution that is acceptable to you.

DISCLAIMER: The content of this article, and this website generally, is not intended as legal advice and cannot be relied upon as legal advice.  To provide legal advice on your problem, a lawyer must first understand your specific situation.

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