So, employment law students, how many violations of the law do you see in that ad?
We are dealing with a job advertisement, so the first place to look is Section 23(1) of the Human Rights Code. That section regulates the content of job ads, and it says this:
The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discriminationSection 5 says that it’s unlawful to discriminate in employment on the basis of, among other grounds: age, sex, race, ethnicity, and colour. So Section 23(1) prohibits employers from advertising positions that “directly or indirectly” indicate qualifications by age, race, ethnicity, and colour.
Can an Employer require Applicants to be Nonunion?
Read the full story here.