What if an employer discriminates against a job applicant?

There are laws in place under Ontario’s Human Rights Code that protect job applicants from being discriminated against by an employer. Some of the reasons that an employer cannot refuse to hire someone include:

• Their record of offences*
• A disability, including mental illness and addiction
• Race, colour, ancestry, ethnic origin, citizenship, or where someone was born
• Religious beliefs
• Age, marital status, or family status
• Sex, sexual orientation, gender identity or gender expression

*Discrimination Based on Justice Involvement

Generally, employers are not allowed to discriminate against your client if they have been convicted of a crime but have received a pardon or record suspension. If they do, this is known as discrimination based on a record of offences and could be a violation of your client’s human rights. However, employers are allowed to consider your client’s criminal record if they have not received a pardon or suspension. 

Note: If your client has been convicted of a provincial offence (e.g., speeding, public intoxication, excessive noise, trespassing, etc.), employers are generally not allowed to discriminate against them because of it. 

If an employer discriminates against your client, your client might be able to make a claim at the Human Rights Tribunal of Ontario to dispute it.

• If they want to do so, they have to apply within one year of being discriminated against. 
  • If they miss the deadline, they can still apply but they will need to explain why they were late.
• If the Tribunal decides someone was discriminated against, they might order the employer to pay them money, give them the job or change their hiring practices. 

How You Can Help:

• Step 1: If your client is unsure whether they should apply to the Human Rights Tribunal for help, help them go through the Human Rights Legal Support Centre’s online assessment tool.
• Step 2: Help your client get legal advice about their application by helping them contact the Human Rights Legal Support Centre, referring them to a specialty legal clinic or their local legal clinic (if the clinic provides services in that area).
• Step 3: If your client is unable to receive ongoing legal advice or representation but would like to make an application to the Human Rights Tribunal, point them to resources on the process. For more information, see also: What if a client is unable to receive legal advice?
• Step 4: Help your client submit their application online. You can help them by writing down what they say.