Can an Employer Advertise a Job for Women Only in Ontario?

Can an employer advertise a job for women only in Ontario? In most cases, no. Ontario’s Human Rights Code protects job applicants from discrimination based on sex, including discriminatory job advertisements and hiring practices.

A Richmond Hill restaurant learned this after advertising for female servers and rejecting a male applicant. The Human Rights Tribunal of Ontario ruled that the job posting violated the applicant’s rights.

Ontario Restaurant’s Female-Only Job Ad Found Discriminatory

The case involved Bourbon St. Grill, a restaurant in Richmond Hill, Ontario, that posted a job advertisement on Kijiji in 2013 seeking female servers only.

Adnan Cenanovic, an experienced food server, applied for the position. When he followed up by phone, the restaurant manager repeated that the job was for women only.

The manager later argued that customers preferred female servers and that he had copied the wording from another advertisement.

The Human Rights Tribunal of Ontario rejected those explanations and found that the female-only job advertisement violated Ontario’s Human Rights Code.

The decision confirmed that employers can face discrimination claims for their hiring practices, even when the applicant was never employed by the company.

Is It Illegal to Hire Only Women or Men in Ontario?

Employers generally can’t restrict jobs to men or women based on personal preferences, stereotypes or assumptions about what customers want.

Ontario’s Human Rights Code protects job applicants from discrimination based on sex, as well as other protected characteristics such as race, age, disability and religion.

There are limited exceptions, including legitimate occupational requirements and qualifying special programs intended to address disadvantage. However, simply preferring female or male employees isn’t enough.

Employers must assess applicants based on their qualifications and the actual requirements of the position.

Can You File a Discrimination Complaint If You Weren’t Hired?

Yes. You don’t have to become an employee before Ontario’s human rights protections apply.

If a company refuses to consider you for a position because of your sex or another protected characteristic, you may have grounds for a human rights complaint.

Discrimination can occur through a job advertisement, an interview question, a hiring decision or an employer’s stated requirements for a position.

Depending on the circumstances, a successful human rights claim can result in compensation for lost income, injury to dignity and other remedies.

What Should You Do If Your Employer Discriminates Against You?

If you believe an employer has discriminated against you:

1. Save the Information. Keep a screenshot showing the discriminatory wording and the date it appeared.
2. Keep records. Save emails, messages and any responses from the employer.
3. Document what was said. Make notes of discriminatory comments made during discussions or phone calls.
4. Speak with an employment lawyer. Find out whether your rights were violated and what compensation or other remedies you can pursue.

Get Help With Employment Discrimination

If you’ve experienced discrimination, the employment lawyers at Samfiru Tumarkin LLP can help you understand your rights and pursue the compensation you’re owed.

We represent non-unionized employees in Ontario, Alberta and British Columbia.

Don’t let workplace discrimination go unanswered. Contact us today or call 1-855-821-5900.