You know I actually do feel bad for both of you. Nor do I actually enjoy this.Laugh all you want. The joke is on you guys. Even too lazy to read the page I linked for you. So..
The Ontario Human Rights Code
The Code is for everyone. It is a provincial law that gives everybody equal rights and opportunities without discrimination in specific areas, including employment and membership in occupational associations and self-governing professions. The Code’s goal is to create a climate of understanding and mutual respect, so that each person feels that they belong in the community and can contribute to it.
Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. This type of discrimination is called “constructive” or “adverse effect” discrimination. A job ad or hiring process that limits the opportunity to people with Canadian experience can have an adverse impact on recent immigrants to Canada who may lack Canadian experience, even though they may have relevant international experience and be qualified to do the job. A distinction based on where a person got their work experience may indirectly discriminate based on Code grounds such as race, ancestry, colour, place of origin and ethnic origin.
The Code makes it illegal for an employer to put out a job ad, use an application form, or ask applicants questions that directly or indirectly classify them under a prohibited ground of discrimination. Employers must not refer to Canadian experience at the application stage since it may reveal characteristics about the person that are related to Code grounds.
During a job interview, employers should not ask questions about where an applicant obtained their experience, and should consider all prior work experience, regardless of where it was obtained. Employers can only ask specifically about “Canadian” experience if they can show that work experience in Canada is a legitimate requirement of the job, and that providing accommodation would cause undue hardship. The legal test for such requirements is a high one.
The Code also prevents an employer from using an employment agency to hire people based on preferences related to Code grounds. An employer cannot use an employment agency to recruit, select, screen or hire people based on whether they have Canadian work experience.
Often, there are easy ways to assess a person's skills and abilities, even if they have not worked in Canada.
Make sure job requirements are legitimate
Job requirements should be reasonable, genuine and directly related to doing the job. A requirement for Canadian work experience, even when implemented honestly, can be a barrier in the hiring process and may result in discrimination. The Supreme Court of Canada has set out a test for determining whether a requirement that results in discrimination can be justified (see British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 S.C.R. 3 [Meiorin]). To do this, an employer must show that the requirement:
- Relates to the purpose or nature of the job
- Was adopted honestly rather than for a discriminatory reason
- Is necessary to do the job, and
- there isn’t a more inclusive alternative that would avoid or reduce the negative effect (on protected groups)
- the circumstances of individual applicants are still considered and accommodated as much as possible, unless there are costs or health and safety reasons that would cause undue hardship.