Tips for recruiting online and the AOD

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.

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.

What are some policies in your organization that recruits people with disabilities?

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-579-1035 orsandra_broekhof@sympatico.ca