4.2.1.8. Complying with Human Rights Laws
In Canada, human rights are protected under the federal Charter of Rights and Freedoms (Government of Canada, 1985) and provincial legislation like the Ontario Human Rights Code (Government of Ontario, 1990a). These laws ensure everyone is treated fairly, consistently, and with dignity. To safeguard both your and your candidate’s rights during the hiring process, it’s crucial to understand the principles of human rights legislation and ensure your interview questions are non-discriminatory.
Human resources management includes the practice of legal discrimination, such as selecting a candidate with the required qualifications for a position. However, it is illegal to discriminate based on race, sex, age, religion, and other protected grounds specified by the Ontario Human Rights Code. Interview questions should focus solely on the candidate’s ability to perform the job duties, avoiding any reference to these protected characteristics. For more information on compliance, consult resources like the Ontario Human Rights Tribunal and the Canadian Human Rights Commission. Also, in the context of human resources management, Quebec’s Bill 21, a law that was passed in June 2019 by the provincial government of Quebec, also known as “An Act respecting the laicity of the State,” serves as a notable example of legal discrimination. The law enforces the principle of state secularism by prohibiting certain public sector employees from wearing religious symbols while performing their duties. This includes teachers, police officers, judges, and other government employees in positions of authority. (Bill 21 (An Act Respecting the Laicity of the State) | The Canadian Encyclopedia, n.d.)
