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
