The Ontario Human Rights Commission ("OHRC") is
conducting a survey on "Canadian experience" requirements
The OHRC has prepared two surveys – one for employers and
one for job seekers who have faced "Canadian experience"
requirements in job ads or in interviews. You can fill out
the survey without giving your name, or you may decide to give your
contact information so the OHRC can ask you more questions if they
The OHRC intends to use what they learn from these surveys to
assist job seekers to understand their rights and to help employers
to understand their obligations under the Ontario Human Rights
Requiring "Canadian experience" can hurt the chances
of those who have not worked in Canada. Concerns
have been raised that "Canadian experience" requirements
create barriers for newcomers and others who have only worked in
There are a variety of reasons why some employers believe they
are justified in choosing only applicants who have worked in
Canada. Some use "Canadian experience" rules out of
habit or because it is easier to track down references. Others use
it because experience with and understanding of the Canadian
context may be important to the job. In any case, employers
requiring "Canadian experience" should consider whether
the requirement is justified, and should be aware of the risk of a
human rights complaint.
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).