Safety & HCM Post

Requiring Foreign Applicants to Have Permanent Work Status = Discrimination

A foreign engineering student had stellar credentials and a 3-year postgraduate work permit. But an energy company wouldn’t offer him permanent employment without assurance of his eligibility to work in Canada on a “permanent basis.” The student claimed citizenship discrimination and the Human Rights Tribunal agreed. The permanence policy, although limited to “career” positions, was a form of direct discrimination and there was no evidence that it served any safety or other legitimate business purpose such as to qualify as a bona fide occupational requirement. So, the Tribunal gave the company 45 days to settle the claim or face a damages award [Haseeb v. Imperial Oil Limited, 2018 HRTO 957 (CanLII), July 20, 2018].

Bongarde Editorial

Bongarde Editorial

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