Moving the Rights Yardstick
On July 15, 2013, the Ontario Human Rights Commission (OHRC) launched its new policy Removing Canadian Experience as a Barrier to Employment. The policy aims to clarify the existing code grounds where discrimination is prohibited in employment. The Commission boldly states in the policy that requiring Canadian experience as a condition of employment is discriminatory on its face and the onus is on employers to prove that there is a legitimate and necessary reason for such a requirement. This is significant.