A lack of Canadian work experience is a common barrier identified by immigrants/ newcomers as they pursue work in the nation.
The Ontario Human Rights Commission recognized other barriers newcomers experience while seeking jobs that align with their skills, experience, & education. These can include:
- Recruiters not recognizing foreign credentials & experience
- Communication & language challenges
- Employers not helping integrate the employees into the workplace & not offering work-related learning opportunities
- Discrimination
- Arbitrary requirements
- Being rejected for positions saying that the immigrants are ‘overqualified’
As per the Canadian Human Rights Act, it is illegal for an employee of the federal sector to ask applicants about their age, gender, gender identity, sexual orientation, marital status, family status, race, color, religion, etc.
In addition, many employers in Canada are private & governed by legislation instead of the federal government. However, provincial laws mirror the federal laws, thus reflecting the Canadian Human Rights Act.
The Human Rights tribunal has held that questions regarding Canadian work experience might constitute discrimination.
When an employer requires candidates applying for jobs to have Canadian work experience, this can be considered discrimination based on the grounds of race, place or origin, ancestry, ethnic origin, etc.
A guide published by the Ontario Human Rights Commission states that the need for Canadian work experience would violate the Ontario Human Rights Code. The guide further states that one can ensure that job requirements are legitimate & what practices regulatory bodies & employers need to follow.
What Is An Employer Allowed To Ask?
Employers can ask you questions regarding your qualifications & ability to do the job. For instance, in case you need a driving license for a job, the manager can ask you to have one.
Moreover, an employer can also ask if you have been convicted of any criminal offense. Further, they can ask you to get them a police record check.
Although an employer cannot ask you about your Canadian work experience, they can ask if you are legally allowed to work in Canada or not.
Employment Rights In Canada
There are laws across Canada to protect professionals. In addition, the rights of foreign professionals in the nation are also protected under federal & provincial labor laws.
Canadian professionals have the right to be treated fairly in the workplace, free from any discrimination.
The Canadian Human Rights Act prohibits any kind of discrimination based on gender, caste, class, race, ethnicity, etc. However, this also applies to permanent residents & those working in Canada on a study/ work visa.