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Guide to your rights and responsibilities under the Human Rights Code /

Part II – Interpretation and application

Social Areas
Employment

Organizations are generally not allowed to hire in a discriminatory way. However, there are some exceptions. The most common ones are:

  1. A religious, philanthropic, educational, fraternal or social institution or organization may be allowed to give preference in hiring employees based on Code-protected grounds if the organization is focused on serving the interests of that group of people. For example, an organization that specializes in providing services to people with disabilities may give preference in hiring people with disabilities. This exception is only permitted if membership in a particular group is reasonable, genuine and linked to the duties of the job they are being hired for.
  1. It is legal to make a hiring decision based on age, sex, record of offences or marital status only if an employer can show that the requirement is reasonable, genuine and based on the nature of the job.
  1. The Code allows you to hire or not hire any medical or personal attendant for yourself or an ill member of your family. This section does not, however, allow agencies or health care services to send nurses or personal attendants to clients based on discriminatory preferences. You must be the “employer” to hire who you want to care for you or an ill family member.