Discrimination against non-PRs / citizens

[DarylM]

I am now seven months into my PR application, all is going smoothly, and I have an OWP valid to March 2021.

I applied for a job a while back and received the terse reply "Sorry, this job is open to Permanent Residents and Citizens only."

Is this legal?

I have applied for another job with the same organisation, this time the job is temporary - 6 months. I haven't had a response yet, but surely employers can't discriminate against PR applicants when they have valid OWPs, can they?

 

[scylla]

I am now seven months into my PR application, all is going smoothly, and I have an OWP valid to March 2021.

I applied for a job a while back and received the terse reply "Sorry, this job is open to Permanent Residents and Citizens only."

Is this legal?

I have applied for another job with the same organisation, this time the job is temporary - 6 months. I haven't had a response yet, but surely employers can't discriminate against PR applicants when they have valid OWPs, can they?

It would depend on the job. Some jobs actually do require an individual to be a PR or citizen for security / clearance or other purposes.

 

[Copingwithlife]

I would agree with Scylla. Years ago I applied for a couple jobs, and one of the requirements was to be a citizen. Got called for a interview, and the very first thing they wanted to see was my passport/birth certificate, and that was before the interview even started. No passport/birth certificate available, interview never got past Go.

 

[DarylM]

It would depend on the job. Some jobs actually do require an individual to be a PR or citizen for security / clearance or other purposes.

I understand that some government jobs do legally discriminate on this basis, but is there a law or rule to be applied? I read the Ontario test case in which a man on a graduate visa applied for a permanent job which seems to have set a precedent.

As I understand it, it is illegal to ask for a birth certificate, PR card or citizenship evidence now, but everything I read relates to Ontario. I wondered if there was some Federal law in place. I'm in BC.

 

[Copingwithlife]

I think I heard of that case, but how would an employer determine if someone has the " right" to work in the country, if the applicant can't prove it ? You would literally have everyone that is not authorized in the country applying to work, when they are not authorized, then declaring discrimination when they are asked to prove they are legally here .
On the other hand they are REQUIRED to ask for your SIN, and the applicant is REQUIRED by law to give it, and just by seeing what number your SIN starts with, the employer can see you are not a PR, and they then can ask to see your work permit which will have an expiry date on it.
Any one with a SIN that starts with a 9 is a temporary resident
This link is from BC

https://www.justiceeducation.ca/legal-help/working/getting-hired/legally-allowed-work

 

[DarylM]

I think I heard of that case, but how would an employer determine if someone has the " right" to work in the country, if the applicant can't prove it ? You would literally have everyone that is not authorized in the country applying to work, when they are not authorized, then declaring discrimination when they are asked to prove they are legally here .
On the other hand they are REQUIRED to ask for your SIN, and the applicant is REQUIRED by law to give it, and just by seeing what number your SIN starts with, the employer can see you are not a PR, and they then can ask to see your work permit which will have an expiry date on it.
Any one with a SIN that starts with a 9 is a temporary resident
This link is from BC

https://www.justiceeducation.ca/legal-help/working/getting-hired/legally-allowed-work

I think you perhaps misunderstand my question a little.

It is, of course, essential and required to have a SIN and a work permit. That is not in question. In the example I gave earlier, I offered a valid work permit and SIN number.

My issue is, can employers lawfully discriminate between people who are eligible to work in Canada, entirely on the basis of their residential status - citizen, permanent resident or (for those still in process of applying for PR) temporary resident?

 

[Wonderland_1010]

I think you perhaps misunderstand my question a little.

It is, of course, essential and required to have a SIN and a work permit. That is not in question. In the example I gave earlier, I offered a valid work permit and SIN number.

My issue is, can employers lawfully discriminate between people who are eligible to work in Canada, entirely on the basis of their residential status - citizen, permanent resident or (for those still in process of applying for PR) temporary resident?

Yes. It is not illegal to choose to hire only PR and Canadian Citizens. Almost all companies would like to hire someone is will be staying long term as it saves time and money rather than hiring someone is only has temporary status and can be asked to leave the country anytime.