A recent human rights decision in British Columbia reiterates the importance of accommodating individuals, including during the application process. In Shahbakshi v. Melo and another, 2025 BCHRT 87, the employer immediately informed a candidate that they could not hire the candidate due to the candidate’s deafness, despite the candidate explaining that she could communicate through a sign language interpreter. The candidate then filed a human rights application for discrimination on the basis of disability. The Tribunal ordered the employer to pay $15,000 in damages for its failure to accommodate the candidate and its decision not to hire her due to her disability.
Why Accommodation Matters Even Before Hiring?
In Ontario, an employer must abide by the Human Rights Code and accommodate the needs of persons who are protected by the Code. The duty to abide by the Human Rights Code starts at the recruitment stage, not after an employee is hired. An employer must make hiring decisions that are non-discriminatory. If discrimination is established during the hiring process, it is likely that an employer may be in breach of the Human Rights Code. For example, if an employer makes the decision not to hire a candidate due to a protected ground such as age, race, gender, etc., then there is a risk that the employer would be found liable for human rights damages. Similarly, an employer must accommodate a candidate throughout the job application process to abide by the Human Rights Code. If an employer refuses to provide reasonable accommodations to the point of undue hardship, such as permitting a candidate to conduct the interview with a sign language interpreter, then it is likely that an employer would also be liable under the Human Rights Code for its failure to accommodate the candidate during the hiring process.
Any interaction with job candidates must be free from discrimination, and employers must take care to provide accommodations for candidates who require necessary accommodations throughout the job application process. Failure to do so, as well as making hiring decisions due to a candidate’s protected characteristic, could leave an employer liable for human rights damages.
How can Whitten & Lublin help?
If you are an employee seeking further information about accommodations during the job interview process, or if you have experienced discrimination during the job application process, contact us for further information online or by phone at (416)-640-2667
Author – Abby Leung
