What is hiring discrimination?
Hiring discrimination means excluding, disadvantaging or treating a person differently, at any stage of recruitment, because of a characteristic protected by law. It can be:
- direct: rejecting a candidate because of their age, for example;
- indirect (adverse effect): applying a seemingly neutral criterion that disadvantages a protected group without being justified by the job's requirements, such as requiring a local degree or unlimited availability for no reason.
Intent is not required: what counts is the effect on the person. Unconscious bias is a frequent source.
What are the protected grounds in each jurisdiction?
Canada, federal sector. The Canadian Human Rights Act (s. 3) protects against discrimination based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and a conviction for which a pardon has been granted or a record suspension ordered.
Quebec. Section 10 of the Charter of human rights and freedoms adds, among others, pregnancy, political convictions, language, social condition and handicap. Section 18.1 prohibits asking for information about these grounds in an application form or interview, except where the law allows it. Section 18.2 protects people convicted of an offence unrelated to the job or for which they have been pardoned.
Ontario. The Human Rights Code (s. 5) protects against employment discrimination based on, among others, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, disability and record of offences. Since January 1, 2026, the Employment Standards Act also prohibits employers with 25 or more employees from requiring Canadian experience in a public posting.
Rest of Canada. Each province and territory has its own human rights law, with similar but not identical lists.
United States. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, colour, religion, sex (including pregnancy, sexual orientation and transgender status) and national origin. Other federal laws enforced by the EEOC protect age (40 and over), disability and genetic information. States and cities can go further.
This summary is general information, not legal advice. When in doubt, consult an employment lawyer or the relevant human rights commission.
Where discrimination creeps into a process
- The posting: unnecessary requirements ("Canadian experience", "young and dynamic team").
- The form: questions about age, marital status, nationality, or a requested photo.
- Screening: names, addresses or career gaps interpreted without any link to the job.
- The interview: questions about family plans or religion, even "just making conversation".
- The rejection: a vague reason, or one tied to a protected ground, which exposes the employer and does not help the candidate.
Best practices
- Review every requirement in the posting: is it truly necessary for the job?
- Remove any question about a protected ground from the application form.
- Structure interviews (structured interview) and score every candidate on the same criteria.
- Give every rejection a written reason based on skills or experience.
- Offer accommodation during the process when a candidate needs it.
With RecruitEasy
RecruitEasy's match score is always explained, so recruiters understand and can challenge every recommendation. Location, which can act as an indirect proxy for origin or social condition, never appears in the feedback sent to candidates: it covers skills and experience only and must be approved by a human. The Quebec Law 25 and recruitment guide covers the personal information side of the topic.