Employer ordered to pay $120,000.00 for discriminatory hiring practices

▤ Summary

This practice meant that qualified individuals living legally in Canada, and eligible to work pursuant to a government-issued permit, were nonetheless barred from employment with Imperial Oil. [emphasis added] When considering Haseeb’s remedy, the HRTO assessed damages pursuant to three separate heads: 1) lost income; 2) injury to dignity, feelings and self-respect; and 3) public interest. The HRTO’s decision on this point is notable for employers, who often forget that the Tribunal does not follow judicial concepts of severance/reasonable notice when determining quantum of wage loss. In addition to lost income, the HRTO further ordered that Imperial Oil pay Haseeb $15,000.00 for injury to dignity, feelings and self-respect (i.e. damages for the emotional impact of the discrimination itself, as opposed to related wage loss) and $3,997.54 in pre-judgment interest. To avoid falling victim to a similar fate, employers are encouraged to review their hiring practices on a periodic basis and ensure that any specified job requirements or screening criteria are in strict compliance with human rights legislation.

▦ Linked Companies

First Reference

$1M to $5M