Tips for Recruiting Online

laptop keyboardGone are the days of posting job ads in the newspaper. Like most things these days job recruitment takes place primarily online. It is important for employers to know how to comply with the law in the online environment – human rights, accessibility and in some cases privacy laws will apply. In general, the laws of the jurisdiction where the business is located will govern, though this may be something to consider where recruiting widely for different offices, or where employees will be working remotely.

AODA and Accessibility

Firstly, recruiters needs to be aware of accessibility standards when drafting job ads. For business in Ontario, Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) sets out notice requirements with respect to ensuring that the hiring process is accessible. These include notifying applicants of the availability of accommodations during the hiring process. It is recommended that this notice be built into the language of the job ad. In the online context, the AODA also requires that information be provided in a way that is accessible. This includes standards that speak to the design of a job ad and how the digital information is navigated.

Human Rights

In all Canadian jurisdictions human rights standards will also apply. In Ontario, under the Human Rights Code, this means that employers cannot ask job applicants questions that would touch on a prohibited ground of discrimination. The prohibited grounds with respect to employment are:

  • Age
  • Ancestry, colour, race
  • Citizenship
  • Ethnic origin
  • Place of origin
  • Creed
  • Disability
  • Family status
  • Marital status (including single status)
  • Gender identity, gender expression
  • Record of offences
  • Sex (including pregnancy and breastfeeding)
  • Sexual orientation

Therefore, even in the online context – craigslist I’m looking at you – a job ad cannot require an applicant to disclose information about any of the above areas . Where an employer requests information about one of these grounds in order to make a hiring decision, they potentially open themselves to a discrimination claim. Where an applicant can demonstrate that they were not hired at least in part because of one of the prohibited grounds, an employer could be subject to damages.

Age

In some jurisdictions there is an exception with respect to age – age in the Ontario Human Rights Code is defined at 18 year of age and older, it is therefore permissible to ask if an applicant is 18+ and, if not at least 18 years old, to ask how old they are. It is also permitted to require applicants to be of a certain age if required by the duties of the job.  For example, where the job involves the service of alcohol an applicant will legally required to be 19+.

Privacy

While Canadian privacy laws are spotty with respect to protecting the personal information of applicants, the following are good general principles to keep in mind:

  • Individuals should be informed about why their information is being collected and how it will be used, stored and shared
  • Information should be securely stored
  • Information should not be kept for longer than is necessary
  • The information of applicants should be kept confidential from each other – for example if there is an interview sign in sheet a new sheet should be used for each applicant so that they do not see the names of those who are also interviewing

British Columbia and Alberta have the most robust privacy laws, but businesses across Canada should consult a privacy lawyer in their jurisdiction to ensure they are complying with standards around data governance.

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

Share the Post:

Related Posts

Virtual mentoring conversation with AI-assisted document analysis, showing how mentoring supports judgment and strategy in modern workplaces

Mentoring in the Age of AI 

Mentoring has always mattered, but AI is changing what good mentoring looks like. As tools generate faster, more polished work, the real value shifts to judgment, context, and strategy. Here’s why mentoring is becoming more important, not less, in AI‑enabled workplaces.

Read More »
Birthday cake with gold number 65 candles symbolizing older Canadians working beyond retirement age and the growing senior workforce in Canada

More Canadians Are Working Past 65: Is Your Workplace Ready?

More Canadians over 65 are remaining in the workforce, and employers should ensure their workplace policies and practices keep pace. From age discrimination and accommodations to benefits and human rights obligations, businesses should proactively review how they support older workers in today’s changing workforce landscape.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]