Mitigating human rights risks in hiring and firing: A practical guide for employers

Law360 Canada (August 6, 2025, 12:50 PM EDT) --

Lexa Cutler

Hiring and termination are the two most consequential moments in the employee life cycle. These actions not only impact workplace culture and morale but can also carry significant legal liability for employers, particularly under the Ontario Human Rights Code. Too often, employers encounter human rights complaints not because of deliberate wrongdoing, but because of rushed decisions or a lack of understanding of legal requirements. Fortunately, many of these pitfalls are avoidable. By prioritizing fairness, consistency and legal compliance from the outset, employers can dramatically reduce the risk of discrimination claims and foster a more inclusive and compliant workplace.

Hiring: Questions you should never ask

The hiring process must be free from discrimination based on any of the code’s protected grounds, which include age, race, religion, sex, disability, family status, gender identity and others. Even well-intentioned questions can lead to legal exposure.

Avoid questions like:

• Do you have children? (family status)
• Where are you from originally? (place of origin, race)
• Are you planning to retire soon? (age)
• Do you have any health conditions we should know about? (disability)

Instead, ask questions that relate directly to job duties. For example, it is appropriate to ask, “Are you able to meet the travel requirements of this position?” It is not appropriate to ask, “Do you have reliable childcare arrangements?”

Increasingly, employers are using automated tools and AI to help with candidate screening. These tools can inadvertently reinforce biases if not properly designed and monitored. Employers are ultimately responsible for ensuring that all aspects of their hiring process are free from systemic discrimination.

Duty to accommodate during the hiring process

If a candidate requests an accommodation for a disability or a need related to another protected ground, the employer has a legal duty to accommodate up to the point of undue hardship. This could include providing accessible interview locations, allowing additional time for assessments or adjusting interview formats.

Employers should document any accommodations provided and ensure their hiring teams know how to respond appropriately and respectfully to requests.

Terminations: Human rights still apply

Human rights obligations do not end once an employee is hired. They continue throughout the employment relationship, including at the point of termination. Employers must ensure that no discriminatory factors influence the decision to terminate.

For example, terminating an employee shortly after they request a medical leave could give rise to a claim of disability discrimination. Similarly, ending someone’s employment soon after they announce a pregnancy may be perceived as sex or family status discrimination.

Even if the termination is unrelated to the protected ground, the timing and a lack of documentation can create an impression of discrimination. Employers should maintain clear records that demonstrate legitimate business reasons for all terminations.

Best practices for employers

To reduce legal risk and uphold fair practices:

• Train all staff involved in hiring or firing decisions on human rights obligations
• Standardize interview and termination procedures
• Carefully document all employment decisions
• Consult legal counsel for complex or high-risk cases

By applying a thoughtful and legally informed approach to both hiring and termination, employers can create a more inclusive workplace while protecting their business from costly claims.

Lexa Cutler is a labour and employment lawyer at Spring Law with experience advising and representing both employers and employees in all aspects of workplace law. She received her JD from Queen’s University in 2020 where she was awarded the Queen’s Law Prize in Trial Advocacy and was called to the Ontario bar in 2021.

The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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