- Jurisdiction
- Ontario
Dear Law Professionals:
I need to determine if it is legally permissible or possible in Canada for a federally regulated employer (private or public) to hire an individual of lesser qualifications and/or merit than other candidates, provided that this individual belongs to a protected class as defined in the Charter and Rights and Freedoms (i.e. visible minorities, women, etc.). Applicable legislation may include the Charter of Rights and Freedoms, the Human Rights Act, and the Employment Equity Act, among others. I am also curious if this may be a common legal practice at monolithic entities (e.g. Federal Government) or at private monopolies and large corporations who are not as significantly affected by free market forces. Please provide interpretation as well as references to the applicable legislative sections.
Thank you
I need to determine if it is legally permissible or possible in Canada for a federally regulated employer (private or public) to hire an individual of lesser qualifications and/or merit than other candidates, provided that this individual belongs to a protected class as defined in the Charter and Rights and Freedoms (i.e. visible minorities, women, etc.). Applicable legislation may include the Charter of Rights and Freedoms, the Human Rights Act, and the Employment Equity Act, among others. I am also curious if this may be a common legal practice at monolithic entities (e.g. Federal Government) or at private monopolies and large corporations who are not as significantly affected by free market forces. Please provide interpretation as well as references to the applicable legislative sections.
Thank you
