Rejected for a Job Because of Your Ethnicity? Know Your Rights

Employers in Ontario can’t reject a job applicant because of their ethnicity, race or place of origin. Even if discrimination is only one factor in the hiring decision, it can violate Ontario’s Human Rights Code and lead to compensation.

Employment lawyer Lior Samfiru discussed the case of a University of Waterloo graduate who received a rejection email referencing his Somali background. During a radio interview, Lior explained why the employer’s response raised serious concerns about discrimination and what rejected applicants can do to protect their rights.

Waterloo Job Applicant Rejected After Employer References Somali Background

Yama Haghi Yusuf, a University of Waterloo science graduate, applied for an investment advisor’s assistant position with a financial company in Kitchener in 2015.

He received a rejection email that questioned whether Somali culture was compatible with the expectations of the investment industry. The employer referenced a supposed resistance to authority among people from Somalia.

Yusuf filed a complaint with the Human Rights Tribunal of Ontario.

Speaking about the case, Lior explained that an employer can’t rely on assumptions about someone’s ethnicity or cultural background when making hiring decisions.

Even if the employer had other reasons for rejecting the applicant, allowing his background to influence the decision could amount to discrimination.

Can an Employer Reject You Because of Your Ethnicity?

No. Ontario’s Human Rights Code protects job applicants from discrimination based on race, ancestry, ethnic origin, place of origin and other protected characteristics.

Employers must make hiring decisions based on legitimate job requirements, not stereotypes about someone’s background.

Lior emphasized that discrimination doesn’t have to be the only reason someone wasn’t hired. If an applicant’s ethnicity or place of origin influenced the decision, the employer can face a human rights claim.

Discrimination can occur before you ever start working for a company, including through job advertisements, interviews and rejection decisions.

For another example, read about an Ontario restaurant whose female-only job advertisement was found discriminatory.

How Do You Prove Discrimination During Hiring?

Proving hiring discrimination can be difficult. Employers rarely tell applicants outright that their race, age or background influenced the decision.

That’s what made the Waterloo case stand out.

The employer’s rejection email referred directly to Somali culture. Lior explained that written evidence like this can be particularly powerful when pursuing a human rights complaint.

Evidence of hiring discrimination can include:

• Emails or messages referencing your ethnicity, race, age or other protected characteristics.
• Discriminatory comments made during an interview.
• Job advertisements that improperly exclude certain applicants.
• Records showing how an employer treated your application.

If you believe you were rejected for a discriminatory reason, save the job posting, application correspondence and any messages from the employer.

What Compensation Can You Receive for Hiring Discrimination?

Applicants who experience discrimination during hiring can pursue compensation through the Human Rights Tribunal of Ontario.

During the interview, Lior identified two important types of compensation:

• Damages for discrimination: Compensation for the harm caused by having your human rights violated, including injury to dignity.
• Lost income: Compensation for earnings you lost because discrimination prevented you from getting the job.

Lior also explained that human rights complaints can be resolved through settlements and may involve measures such as workplace training.

You don’t have to be hired, fired or laid off to have a valid employment discrimination claim. Job applicants have rights, too.

What Should You Do If You Were Rejected for a Discriminatory Reason?

If you believe an employer refused to hire you because of your ethnicity or another protected characteristic:

1. Save the evidence. Keep rejection emails, job advertisements and other correspondence.
2. Document what happened. Record discriminatory comments and relevant details from interviews or phone calls.
3. Don’t assume you have no rights because you weren’t hired. Ontario’s human rights protections extend to job applicants.
4. Speak with an employment lawyer. Find out whether you have grounds for a claim and what compensation you can pursue.

Get Help With Employment Discrimination

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

We help non-unionized employees in Ontario, Alberta and British Columbia with employment discrimination, workplace harassment and wrongful dismissal claims.

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