Discriminatory job postings: Employment lawyer on Newstalk1010 discusses employer obligations

Interview Summary

Two recent government job postings in research departments have some people questioning whether the hiring process is discriminatory.

Employers in both companies have explicitly restricted certain demographics from applying — expressing a desire to employ individuals in certain minority groups.

Can this hiring process be considered discriminatory? What rights do non-unionized employees have when applying for jobs?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP, joined Newstalk 1010’s The Rush to discuss hiring practices and employer obligations.

Interview Notes

• Legality of job postings and exclusions: Pinkus spoke on the provisions outlined in the Canadian Human Rights Act stating, “This would fall within the special programs provisions. There are similar provisions in various provinces including Ontario. Employers can take measures for alleviating discrimination for disadvantaged groups.”
• Defining discrimination under the Ontario Human Rights Code: Pinkus reiterated the importance of provisions outlined in the Ontario Human Rights Code and its definition of discrimination. “This would not be discrimination, at all. This would be considered an exception to what is normally considered discriminatory.”
• Limitations to special programs provisions: While the provisions regarding special programs are broad, Pinkus explained there are limitations. “Employers can’t start terminating the employment of all individuals falling within a majority group, to make room for those in the disadvantaged group.”

Related Resources

For further insights and discussions related to discrimination in the workplace, explore the following resources:

• Workplace Discrimination
• Workplace Investigations