An immigrant’s lack of Canadian experience often stands in the way of finding meaningful employment in their new country. An understanding of the legality of employer’s query about Canadian work experience.
The Ontario Human Rights Commission has also noted that immigrants face other obstacles when looking for jobs that match their qualifications, experience, and talents. The following may be included:
- Foreign credentials and experience not acknowledged by employers
- Challenges with language and communication
- Lack of employer support in workplace integration and job-related learning
- Rejection for being considered “overqualified”
- Unfair demands for “Canadian experience”
- Instances of outright discrimination
Neither the Federal Human Rights Act nor the Employment Standards Act allow federal employers to question candidates about their age, sex, gender, sexual orientation, gender identity, marital status, family status, race, color, religion, or physical or mental condition.
Private employers in Canada are subject to provincial law rather than federal law, since they are generally considered private. It is also common for provincial laws to resemble the Canadian Human Rights Act. And to be in accordance with the federal law.
Unless Canadian experience questions are actually and legally required for the job, human rights tribunals have ruled that they may constitute discrimination.
Employers who ask job applicants for Canadian work experience may be regarded as discriminating based on their race, ancestry, place of origin, and ethnicity.
“Removing the “Canadian experience” Barrier – A Guide for Employers and Regulatory Bodies” released by the Ontario Human Rights Commission. It indicates that requiring Canadian work experience may violate the Ontario Human Rights Code. In addition to describing best practices, the manual explains how to ensure employment requirements are valid for both employers and regulatory authorities.
What are the permissible questions that an employer can ask me?
You have the right to inquire about the qualifications of a potential employer and whether you are suited for the position. You might be asked by an employer if you have a driver’s license if you are required to have one.
A potential employer may also request a police record check if he or she suspects you have a criminal past.
Despite the fact that employers are prohibited from doing so, they are permitted to inquire about your legal right to work in Canada.
Canada’s employment rights
Workers are protected by Canada’s laws as a whole. Canada’s labor laws protect foreign workers’ rights at the federal, provincial, and territorial levels.
An equitable working environment free of discrimination is the right of all Canadian employees.
According to the Canadian Human Rights Act, discrimination based on gender, color, or ethnicity is prohibited. A permanent resident of Canada and an individual with a work or study permit are also included.
