Employment Advertising

Both the Ontario Human Rights Code and the Canadian Human Rights Act prohibit the circulation or publication of any advertisement in connection with employment or prospective employment which states or implies a preference, specification or limitation based on a prohibited ground of discrimination. The prohibited grounds of discrimination under both pieces of legislation include:

• race
• national or ethnic origin
• colour
• religion
• age
• sex
• marital status
• family status
• disability
• record of offenses

The Ontario Human Rights Code further prohibits discrimination on the basis of sexual orientation.

For example, a request for "waitresses" or "able bodied persons" is discriminatory. Employers are permitted to categorize employment advertisements according to occupational groupings such as "clerical", "secretarial" or "automotive". Likewise, employers may also note that job related specifications such as, in the case of warehouse work, "heavy lifting involved" is appropriate.

Should you require legal assistance, please email us at lawyers@grosman.com

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