Sept 2018 Charity & NFP Law Update
On July 20, 2018, the Human Rights Tribunal of Ontario (“HRTO”) released an interim decision in Haseeb v Imperial Oil Limited (the “Haseeb Decision”), holding that a company’s policy requiring all job applicants for an entry level position to disclose proof of their eligibility to work in Canada on a permanent basis was discriminatory on the ground of “citizenship.” In reaching its decision, the HRTO adopted a novel analysis on the protected ground of “citizenship” and its relationship to other statuses of non-citizenship. In doing so, the tribunal expanded the meaning of “citizenship” in certain contexts under the Ontario Human Rights Code to include people who are permanent residents or domiciled in Canada and intending to obtain citizenship. It also held that the addition of a non-prohibited ground to a policy did not cure the discriminatory nature of the policy. The Haseeb Decision may be significant to charities and not-for-profits that may want to hire non-Canadian citizens, either on a temporary or long term basis.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 430.