What Can I Do If I Wasn’t Hired Because of Discrimination?
Job seekers can feel discouraged when they suspect an employer has rejected them unfairly. Unlawful discrimination involves being refused a position due to traits like age, race, religion, gender, or disability. Such actions may run contrary to human rights laws in Canada and the United States. If you believe you lost out on work because of a protected ground, you have options to explore and legal pathways to consider.
The Answer
Yes, there are steps you can take. Canadian laws, including provincial human rights codes, generally forbid employers from refusing to hire individuals based on protected traits. In the United States, federal legislation such as the Civil Rights Act and Americans with Disabilities Act, along with state laws, also prohibit discriminatory hiring. You may file a complaint with a human rights commission or employment standards office. If you gather sufficient evidence, these agencies can investigate and provide remedies—sometimes leading to compensation or policy changes.
Key Considerations
- Protected Grounds
Under Canadian human rights statutes, protected grounds usually include race, colour, religion, sex, sexual orientation, gender identity, age, marital status, family status, and disability. The specific list may vary by province. In the United States, protected grounds often include race, religion, national origin, sex (including pregnancy), and disability. Many states add more protections, such as sexual orientation or gender identity. - Evidence Gathering
Employers rarely state openly they’re denying you for a discriminatory reason. You may have to rely on subtle hints, such as interview questions about personal matters, or abrupt changes in tone once you disclose a condition like a disability or pregnancy. Keep records: note dates, comments, and any unusual statements. If you received emails or messages referencing personal traits, save them. Evidence that the employer hired a less qualified individual with none of your traits can also help, though it’s often tricky to get that info. - Exceptions and Bona Fide Requirements
Some employers can legally refuse applicants if a trait prevents safe or reasonable performance of essential duties. For example, a job that demands heavy lifting might lawfully exclude an individual who cannot lift above a certain weight due to medical reasons, if no accommodation can be found without undue hardship. These situations can be contentious, so having proof that you could perform the role with support is often key to challenging the employer’s claim. - Time Limits and Where to File
Human rights complaints usually have deadlines. In Ontario, for instance, you typically have one year from the date of discrimination to file with the Human Rights Tribunal of Ontario. In British Columbia, the window is usually one year as well. In the U.S., the Equal Employment Opportunity Commission (EEOC) must receive a charge of discrimination within certain time frames—often 180 or 300 days—depending on the situation and state laws. Missing these deadlines can block your claim altogether, so act promptly. - Employer Defences
An employer may argue they hired someone more qualified or that you didn’t meet certain criteria. To succeed, you must show that the real reason you were passed over ties directly to a protected ground. If the employer can demonstrate a legitimate, non-discriminatory explanation for not hiring you, the claim might fail unless you can prove that explanation is a pretext hiding bias.
Legal Remedies
- Filing a Complaint
In Canada, start by contacting the human rights commission in your province or territory. Federally regulated workplaces (like banks, airlines, or cross-border transport) fall under the Canadian Human Rights Commission. Provincial bodies focus on other organizations. In the U.S., you would file with the EEOC or a comparable state agency. The agency will review your information, possibly interview witnesses, and decide whether the complaint merits further investigation. - Investigation and Conciliation
Human rights commissions often try to resolve disputes through alternative dispute resolution, such as conciliation or mediation. This approach might lead to an agreement that includes a settlement, back pay, or changes in the employer’s hiring practices. If a settlement can’t be reached, the commission or agency might refer the case to a tribunal or give you the right to pursue the matter in court. - Tribunal or Court Hearing
If your complaint advances to a hearing, you’ll likely present evidence to support your version of events. The employer can respond with their own proof. A judge or adjudicator will then decide whether you experienced discrimination. Possible outcomes range from compensation for lost wages or emotional harm to requirements that the workplace adopt better diversity training or revise hiring policies. - Private Action or Lawsuit
In some areas, it’s possible to skip the commission process and launch a lawsuit. This choice depends on local law. You may want legal representation, as employers often retain lawyers. Winning these claims sometimes brings financial awards, but you must be prepared for the time and expense of litigation.
What to Do Next
- Document Everything
Gather as many details about the job posting, interviews, phone calls, and messages as you can. Write down the timeline of events, focusing on moments you suspect contributed to bias. - Seek Legal Advice or Guidance
Talking to a lawyer or a legal clinic can clarify your rights. Some lawyers offer a free initial meeting. If you’re unable to hire counsel, nonprofits or community groups might point you to resources that explain how to file a complaint. - Contact a Human Rights Body
If you feel strongly that bias played a part in the decision, reach out to the provincial or federal agency (in Canada) or the EEOC or state agency (in the U.S.). Their websites often provide step-by-step instructions, including forms and deadlines. - Mediation Options
In some regions, mediation can be a quicker path to a solution. You and the employer would meet with a neutral mediator who tries to bridge the gap. Mediation may yield a satisfactory outcome without prolonged conflict. - Stay Alert for Retaliation
Employers are not allowed to punish applicants or workers for filing complaints. If you experience backlash for exercising your rights, that may be a separate basis for legal action. Document any attempts by the employer to interfere with your complaint.
Final Thoughts
Believing you were denied a job for a discriminatory reason can be discouraging, but human rights laws exist to protect individuals from unfair treatment. By gathering evidence, meeting deadlines, and filing a complaint with the correct agency, you can stand up for your rights. Engaging a legal advisor or community advocate can help you understand the steps involved and strengthen your case if you decide to move forward.