7 Illegal Reasons For Firing An Employee
Canadian employees are protected by law against discrimination on a variety of grounds. But what do you need to know to ensure you don’t experience this type of discrimination? Here are seven factors employers must not use to make their decisions regarding employment:
Employers cannot use your religion as a reason to not hire you, or in any decision involving your position, promotions or termination. Pre-conceived notions about any particular religion are not permitted reasons for determining an employee’s ability to perform the job at hand.
2. Race or color.
Race and the color of a person’s skin are not valid reasons for establishing if someone can do the job or not. This applies to both potential and existing employees.
3. Place of origin or ethnicity.
Where someone comes from and their ethnic background cannot be used as reasons for not hiring a person. These are invalid rationales for considering the employee’s level of skill and abilities.
If a potential or current employee has the knowledge and skills required to perform the tasks of the position, that person cannot be denied the job simply because of their age. More people are undertaking a second or even third career and many are working much longer than in previous generations, so it’s no longer uncommon to see “older” people in the workforce.
5. Illness or disability.
As long as the illness or disability does not prevent the person from completing the work, safely and efficiently, an employer must not use the illness or disability as the reason for denying the person the position.
More and more, we are seeing both genders in positions that may have previously been considered predominantly male or female. Not hiring someone strictly on the basis of their gender is prohibited.
7. Sexual orientation.
Whether you agree or disagree with a particular lifestyle, employers cannot make their hiring decisions or other employment related decisions based on this aspect of someone’s life. Each individual has the right to live their life as they choose and employers are banned from using a person’s sexual orientation as a reason for not hiring them or preventing them from being promoted. They also can’t fire someone for this reason.
These seven factors are not an all-inclusive list. Employers have a responsibility to ensure that each employee is treated fairly. If a complaint is received, they have an obligation to investigate and correct the behavior or policy.
Employers cannot use any of these grounds as the basis for denying an employee a job. They cannot use these grounds as the basis for determining compensation, bonuses, promotions, disciplinary action or termination.
In the event an employer observes or is made aware of this type of discrimination taking place in the workplace, they have an obligation to resolve the issue. They are further required to ensure no retaliation is taken against the employee who makes the complaint.
If you have any questions or need additional information about forms of discrimination, check with an employment lawyer who can guide you through the human rights and discrimination resolution process.