Hiring Policy - Template Form to Create Word & PDF Pro · EN-CA-law

________

HIRING POLICY

Article 1 – INTRODUCTION

§ 1.1 This Hiring Policy (the “Policy”) was last revised and is effective as of ________.

§ 1.2 ________ (the “Employer” or the “Company”) is an equal opportunity employer that openly advertises available positions and is committed to maintaining a healthy, respectful and inclusive work environment.

§ 1.3 The purpose of this Policy is to establish rules governing the recruitment and hiring of new employees and to promote awareness of and compliance with applicable human rights legislation, including the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (where the Employer is federally regulated) and the applicable provincial human rights legislation of ________ (collectively, the “Human Rights Legislation”). All members of Human Resources (“HR”) and management who are responsible for hiring and recruiting must comply with this Policy when advertising, interviewing and recruiting.

§ 1.4 All other contracts, documents, rules, policies and workplace regulations of the Employer continue to apply concurrently with this Policy. In the event of any inconsistency, the Employer shall act to rectify the inconsistency, and applicable statutory and regulatory requirements shall prevail.

§ 1.5 This Policy is intended to comply with, and shall be interpreted in a manner consistent with, the Human Rights Legislation, the applicable employment standards legislation, and the Accessibility and accommodation obligations applicable in ________. This Policy does not form part of any employment contract and does not create vested or contractual rights.

Article 2 – SCOPE

§ 2.1 This Policy applies to internal and external candidates, supervisors, management, and all persons who are assigned the task of advertising, interviewing, screening, and recruiting new employees on behalf of ________.

§ 2.2 Employees of the Company may use personal social media applications to advertise specific roles the Company is seeking to fill. Any employee who advertises that the Company is hiring through personal social media platforms (including, without limitation, LinkedIn, Instagram, and Facebook) must comply with this Policy and should use language substantially similar to the official job posting issued by ________.

Article 3 – DEFINITIONS

§ 3.1 Accommodation: as contemplated under the Human Rights Legislation, the duty to adjust a job, the workplace, or a recruitment process to meet the needs of an individual on the basis of a protected ground (including, without limitation, disability or creed), to the point of undue hardship. This applies to both candidates and employees.

§ 3.2 Discrimination: as defined under the Human Rights Legislation, treating an individual or individuals adversely or differently, directly or indirectly, on the basis of one or more of the prohibited grounds set out in Article 4 of this Policy.

§ 3.3 Essential Requirement: a bona fide occupational requirement that constitutes a fundamental element of a position.

§ 3.4 Internal Candidate: an employee already employed by the Company who applies for an open position.

§ 3.5 Undue Hardship: the threshold, assessed having regard to cost, outside sources of funding, and health and safety requirements, beyond which an employer is not required to accommodate. This is a high standard under the Human Rights Legislation.

Article 4 – PROHIBITED PRACTICES AND ACCOMMODATION

§ 4.1 In accordance with the Human Rights Legislation, ________ shall not refuse to employ or otherwise discriminate against a candidate or employee on the basis of any of the following prohibited grounds:

• race;
• ancestry;
• place of origin;
• colour;
• ethnic or national origin;
• citizenship;
• creed or religion;
• sex (including pregnancy);
• sexual orientation;
• gender identity;
• gender expression;
• age;
• record of offences or pardoned conviction;
• marital status;
• family status;
• genetic characteristics; or
• disability.

§ 4.2 Where there is an overlap between an Essential Requirement of a position and one of the prohibited grounds, the Employer shall accommodate the candidate or employee to the point of undue hardship, where it is reasonably possible to do so.

§ 4.3 The Employer shall not engage in, condone, or tolerate harassment, reprisal, or retaliation against any person who exercises rights under this Policy or the Human Rights Legislation.

Article 5 – ADVERTISING AND RECRUITING NEW STAFF

§ 5.1 Information: Candidates applying for a position should submit the following information, which will assist ________ in making its selection:

________

§ 5.2 Advertising: When advertising a position, the listed qualifications must not, directly or indirectly, be based on any prohibited ground under the Human Rights Legislation. Each posting should include a statement that ________ is an equal opportunity employer. Job descriptions must be drafted in plain language and describe the position as accurately as possible, including the necessary skills, the actual work involved, and a list of requirements. Gender-neutral wording must be used. The Employer shall not require “Canadian work experience” unless it is a demonstrable Essential Requirement, as such a requirement may otherwise constitute discrimination.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do.

§ 5.4 Recruiting Process: The recruiting and interviewing process shall be fair and shall focus on the candidate’s ability to perform the Essential Requirements of the position. Questions shall be limited to the candidate’s qualifications. The following process shall be followed:

• preliminary screening of the candidate;
• HR or the department supervisor prepares standardized interview questions;
• interview the candidate and take detailed notes throughout the process;
• accommodate where necessary;
• notify applicants of the results;
• provide conditional offers of employment;
• conduct follow-up screening and background checks, where applicable and lawfully permitted;
• inform candidates who are not selected as soon as reasonably possible.

§ 5.5 Recordkeeping: Employees responsible for recruiting shall document each step of the recruiting process, including detailed notes on how each interviewed candidate aligns with the needs of the Company and the reasons certain candidates were not selected. Records shall be retained in accordance with applicable privacy legislation and the Employer’s retention practices, and are important in the event a candidate alleges that ________ declined to hire them on a discriminatory basis.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat.

§ 5.7 Diversity: Any person hiring candidates on behalf of ________ — whether for new employees, internal employees, contractors, consultants, senior executives, managers, officers, or agents — shall ensure that hiring advertisements are broad in scope and do not single out any particular group. The objective is to achieve a diverse workforce.

Article 6 – INTERNAL CANDIDATES

§ 6.1 When a position becomes available, employees within the organization may submit an application for the advertised position. Consideration may be given to seniority. Where necessary and lawfully permitted, additional background checks may be conducted.

§ 6.2 ________ may issue an internal job advertisement and set a deadline for employees to respond. Internal candidates should communicate their interest as follows:

________

Article 7 – INTERVIEW PROCESS

§ 7.1 The interview process shall be conducted in a fair, consistent, and professional manner. All candidates shall be assessed based on their qualifications and their ability to perform the Essential Requirements of the position.

• interviewers shall prepare a standard set of questions to be asked of all candidates applying for the same position to ensure consistency and fairness;
• questions asked during the interview shall be limited to matters directly related to the candidate’s qualifications and ability to perform the Essential Requirements of the position;
• interviewers shall not, directly or indirectly, ask questions touching upon any prohibited ground listed under Article 4 of this Policy;
• where a candidate requires accommodation in order to participate in the interview process, the Employer shall accommodate the candidate to the point of undue hardship, where it is reasonably possible to do so.

§ 7.2 Interviewers shall take detailed notes throughout the interview process documenting how each candidate aligns with the needs of the Company and the Essential Requirements of the position.

§ 7.3 Following the interview, the Employer shall evaluate each candidate objectively against the Essential Requirements of the position and the needs of the Company.

§ 7.4 Candidates may be invited to attend more than one interview where the Employer deems it necessary to properly assess their suitability for the position.

§ 7.5 All information obtained during the interview process shall be kept confidential and used solely for the purpose of evaluating the candidate’s suitability for the position.

Article 8 – CONTACT REFERENCES

§ 8.1 ________ shall contact a candidate’s listed references in the following manner:

________

§ 8.2 Questions to references shall be limited to job-related matters and the candidate’s ability to perform the Essential Requirements of the position.

Article 9 – CONTACT

§ 9.1 Should you have any questions or concerns arising from this Policy, or need to report an incident, kindly contact ________ using the following information:

________

________

T: ________

________

Article 10 – AMENDMENT AND GOVERNING LAW

§ 10.1 The Employer reserves the unilateral right to amend, modify, supplement, or replace this Policy at any time, in its sole discretion, subject to applicable law.

§ 10.2 This Policy shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein.

§ 10.3 If any provision of this Policy is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

ACKNOWLEDGEMENT

I, ________, have received and reviewed the Hiring Policy and understand my obligations contained in this Policy. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment for cause.

I further understand that ________ reserves the unilateral right to make changes, future amendments, and modifications to this Policy as it sees fit, subject to applicable law.

_________________________
Employee Signature

_________________________
Employee Name (Print): ________

_________________
Date: ________