Removing the “Canadian Experience” Barrier eLearning for Employment Agencies: Text Alternative Transcript

Updated: May-June 2022.

This is the text document format of the course that is suitable for a screen reading device. If you would like to use the interactive format, please .

Welcome

Overview

[Narrator]:
Hello and welcome to this short video about removing the Canadian experience barrier.

This video is for employment agencies that want to comply with the Ontario Human Rights Code while continuing to meet their clients’ needs. You will learn how removing requirements for Canadian work experience will help develop more diverse, inclusive workplaces, and also help recruit the best talent for the job. You will also learn how to support jobseekers and increase their opportunities to find work in their chosen field.

We’ll talk about how employers might ask for Canadian experience, the Ontario Human Rights Code, your responsibilities under the Code, legitimate employment requirements, how employment agencies can support both employers and jobseekers, and additional resources to supplement this video.

Scenario

Juan is an employer who uses Roman’s employment agency to recruit new staff. He has asked Roman to recruit staff for two jobs, and has brought the job descriptions and interview questions for Roman.

Click on the thumbnails to read the job descriptions and interview questions.

Job Description 1

1. ACCOUNTANT
Job Duties:
  • Lead the preparation of monthly financial statements and reporting packages
  • Responsible for the balance sheet reconciliation
  • Lead the preparation of the annual budget and quarterly forecasts
  • Lead the preparation of year-end files, audit and tax packages, related schedules & working papers
  • Assist in the development and maintenance of the accounting processes
  • Liaise with external auditors
Qualifications:
  • 3-6 years’ experience in a Canadian accounting environment.
  • Proficient in Microsoft Excel.
  • Education: Undergraduate degree or college diploma, or equivalent experience.
  • Salary Range: $60,000 - $65,000

Job Description 2

2. SALES ADMINISTRATION ASSISTANT
Job Duties:
  • Answering phones and directing calls.
  • Preparing electronic and hard copy correspondence for sales staff.
  • Making travel arrangements.
  • Preparing sales reports.
  • Providing other admin support, as required.
Qualifications:
  • 3-15 years of Canadian experience as an Administrative Assistant
  • At least 3 years of recent experience as an Administrative Assistant in a Canadian product sales department
  • Experience providing admin support to several staff.
  • Experience using modern software tools to create and administer sales documentation.
Education:
  • Some post-secondary education is required.
  • Salary Range: $35,000 - $40,000.
  • Interview questions

    Where are you from?

    Interview questions might contain overt or subtle references to the applicant’s Canadian experience, or other grounds of discrimination prohibited under the Code.

    In an interview, employers should avoid asking questions or otherwise commenting on the applicant’s:

    • presence or absence of Canadian experience
    • landed immigrant status, permanent residency, naturalization or refugee status
    • place of birth
    • affiliation with a particular “community” or where the applicant “comes from”
    • membership in organizations such as cultural or ethnic associations
    • name and/or the applicant’s appearance
    • name and location of schools attended.

    These questions may reveal information about the applicant’s Canadian experience, race, ethnicity or other grounds of discrimination under the Code. For exceptions and more detailed information, see the “Interviewing and making hiring decisions” section of Human Rights at Work

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    Scenario follow-up

    You probably noticed that the job descriptions and interview questions asked for Canadian experience, in one way or another. A Canadian experience requirement can exclude some skilled immigrants from the job pool.

    What do you think Roman should tell Juan about his job ads and interview questions? Think about your answer and then continue to see what Roman told Juan.

    *   *   *

    Roman said that he wants to remove barriers that might cause discrimination, to make sure Juan’s organization is complying with the Code. He also tells Juan that Canadian experience requirements might prevent Juan from meeting candidates with international experience and the ability to make important contacts.

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    The Ontario Human Rights Code

    Removing Canadian experience requirements can also make sure that employment agencies and employers don’t discriminate against potential candidates.

    The Human Rights Code is an Ontario law that gives everyone equal rights and opportunities for jobs. Some rules or practices may result in unequal treatment. A job ad or hiring process that blocks people who don’t have Canadian experience can hurt newcomers to Canada, even though they may have experience in another country and can do the job.

    The OHRC says that a strict requirement for Canadian experience is discriminatory and can only be used in limited circumstances. Not hiring someone because of where they worked before may be discrimination based on race, ancestry, colour, place of origin or ethnic origin.

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    The Code and employment agencies

    Section 23(4) of the Code prevents an employer from using an employment agency to hire people based on preferences related to Code grounds. Some respondents to an OHRC survey on Canadian experience said that the barriers they encountered were put in place by employment agencies. For example, some recruiters did not shy away from saying that the employer is looking for people with Canadian work experience.”

    Section 23(4) of the Code prohibits employers from using an employment agency to recruit, select, screen or hire people based on whether they have Canadian work experience. Fortunately, there are ways to recruit qualified candidates that eliminate the Canadian experience barrier.

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    Legitimate employment requirements

    Instead of asking for Canadian experience, employers should be clear about the specific qualifications they are seeking. For example, if the ability to communicate effectively is needed, they should state this clearly and give applicants the chance to show this skill. Employment requirements and duties should be reasonable, genuine and directly related to doing the job.

    Applicants should be given the opportunity to show the relevant skills and experience in a variety of ways.

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    Matching game

    Match each Canadian experience requirement with a legitimate employment requirement that could replace it…

    “Canadian experience” questions Legitimate employment requirements
    Established local business contacts Ability to generate local business
    3–5 years experience working in a Canadian company 3–5 years experience working in sales
    Canadian experience in public accounting office Must be a designated accountant
    An established network of Canadian clients Good networking skills, ability to build rapport with clients
    Experience working in Canada Ability to show familiarity with Canadian industry norms

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    Best practices

    Let’s look at some examples of best practices.

    How can you make sure that you’re recruiting qualified candidates, while following the Code and human rights principles?

    The hiring process should be clear and open. In job ads, talk about the exact skills and work experience needed for the job. Give applicants the chance to show their skills during interviews and even in a simulated job setting.

    Here are some more best practices:

    Use competency-based methods to assess an applicant’s skill and ability to do the job

    For a full list of best practices from the Policy, please select the link on your screen.

    Organizations should

    Employers, representatives of employers and regulatory bodies should:
    • Examine their organizations as a whole to identify potential barriers for newcomers; address any barriers through organizational change initiatives, such as by forming new organizational structures, removing old practices or policies that give rise to human rights concerns, using more objective, transparent processes, and focusing on more inclusive styles of leadership and decision-making.
    • Review job requirements and descriptions, recruitment/hiring practices and accreditation criteria to make sure they do not present barriers for newcomer applicants.
    • Take a flexible and individualized approach to assessing an applicant’s qualifications and skills.
    • Give an applicant the opportunity to prove his/her qualifications through paid internships, short contracts or positions with probationary periods.
    • Provide newcomers with on-the-job training, supports and resources that will enable them to close “skill gaps” (i.e. acquire any skills or knowledge they may be lacking).
    • Use competency-based methods to assess an applicant’s skill and ability to do the job.
    • Consider all relevant work experience – regardless of where it was obtained.
    • Frame job qualifications or criteria in terms of competencies and job-related knowledge and skills.
    • Support initiatives designed to empower newcomers inside and outside of their organizations (for example, formal mentoring arrangements, internships, networking opportunities, other types of bridging programs, language training, etc.).
    • Monitor the diversity ratios of new recruits to make sure they reflect the diversity of competent applicants overall.
    • Implement special programs,[8] corrective measures or outreach initiatives to address inequity or disadvantage affecting newcomers.
    • Supply newcomers and social service agencies serving newcomers with information about workplace norms, and expectations and opportunities within the organization.
    • Retain outside expertise to help eliminate barriers to newcomer applicants.
    • Form partnerships with other similar institutions that can help identify additional best practices.
    • Provide all staff with mandatory education and training on human rights and cultural competence.

    Organizations should not

    Employers, representatives of employers and regulatory bodies should not:
    • Require applicants to have prior work experience in Canada to be eligible for a particular job.
    • Assume that an applicant will not succeed in a particular job because he or she lacks Canadian experience.
    • Discount an applicant’s foreign work experience or assign it less weight than their Canadian work experience.
    • Rely on subjective notions of “fit” when considering an applicant’s ability to succeed in the workplace.
    • Include a requirement for prior Canadian work experience in the job posting or ad, or a requirement for qualifications that could only be obtained by working in Canada.
    • Require applicants to disclose their country of origin or the location of their work experience on the job application form.
    • Ask applicants questions that may directly or indirectly reveal where their work experience was obtained.
    • Ask for local references only.

    The OHRC Policy

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    In your own words

    Now that you’ve learned about legitimate employment requirements and best practices, see if you can replace the Canadian experience requirements from Roman’s job descriptions and interview questions with legitimate employment requirements, using your own words.

    Replace the Canadian experience requirements with legitimate employment requirements, using your own words.

    Job ads
    1. Accountant
      • 3–6 years experience in a Canadian accounting environment
    2. Sales Administration Assistant
      • 3–15 years Canadian experience as an administrative assistant
      • At least 3 years recent experience as an administrative assistant in Canadian product sales department
    Interview questions:
    • Do you have experience working in Canada?
    • Where did you attend high school?
    • Are you a Canadian citizen, or permanent resident?

    Ads must be about skills and experience, not where it was gained. Don’t ask questions that might discriminate on Code grounds.

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    Next Steps

    Newcomers should be able to access job opportunities that match their education, skills and experience, and be given the opportunity to contribute meaningfully to their new homeland.

    Employment agencies should advise job seekers about their rights under the Code, and provide support.

    You can start by referring them to the OHRC’s resources for jobseekers, including an eLearning module and a brochure, which are available on the OHRC website and in the resources section at the end this module.

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    Review

    Businesses that welcome and invest in newcomers will benefit from the skills and rich experience they have to offer, and will enhance their ability to compete in the modern global economy.

    Taking steps to foster environments that respect human rights will help protect organizations from findings of liability because they did not appropriately address discrimination.

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    Summary

    If an employer asks you to include a Canadian experience requirement in a job ad or interview question, you are usually obligated to say no. You have a responsibility to inform employers about their responsibilities under the Code, and why Canadian experience requirements may be discriminatory. An employment agency can be added as a respondent in a human rights claim if they discriminate on behalf of an employer.

    You can also direct employers to the OHRC’s resources for employers, including an eLearning module and brochure about the Canadian experience barrier.

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    Resources

    I hope that you now understand the importance of removing Canadian experience requirements, and I hope we’ve given you some useful tools to help you eliminate the Canadian experience barrier.

    For more information and resources, please select the links below.

    Thank you for participating in this eLearning program!

    Further reading and research:

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