Racialized, foreign-trained lawyer discriminated against during interview

▤ Summary

An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process. In Moore v Ferro (Estate), 2019 HRTO 526, the applicant, who self-identifies as a Black man of Afro-Caribbean descent, was a foreign trained lawyer, and was 45 years old at the time of the interview. The respondent lawyer posted an ad for a “junior lawyer” stating “new calls are encouraged to apply” and that “only insurance litigation experience will be considered.” While the applicant did not have insurance litigation experience, the applicant was invited for a “very free-flowing” group interview along with “a young South Asian man who was just completing his articles” and “a young Black male who was newly called to the Bar”. The Tribunal held that the applicant was not entitled to compensation for lost income because he would not have been hired to work at that law firm due to reasons that went beyond discrimination. Employers must be mindful that in any communications with a job candidate, they must maintain civility and should not make abusive comments with respect to the candidate’s abilities or character.

▦ Linked Companies

First Reference

$1M to $5M