Ontario recently introduced Bill 149, a legislative initiative aimed at prohibiting employers from demanding Canadian work experience from job applicants. While this move appears progressive, it raises complex issues related to employment discrimination and the integration of immigrants into the Canadian job market.
Canada has a robust immigration system, with a significant influx of newcomers every year. However, many highly skilled immigrants face difficulties securing employment that matches their qualifications. The country’s immigration system primarily relies on a skill-based points system, which rewards foreign applicants with advanced degrees. Nevertheless, some immigrants find themselves excluded from relevant job opportunities, often resorting to low-wage and precarious employment.
Bill 149, introduced in November 2023 by the Ontario government, seeks to ban the requirement for Canadian work experience in job advertisements within the province. It also compels approximately 30 professional associations to eliminate this requirement. While this legislation is seen as a positive step toward helping skilled immigrant applicants, it may not entirely address the problem of hiring discrimination.
Proving discrimination in hiring practices is challenging, as employers do not openly disclose their reasons for rejecting candidates. The introduction of Bill 149 does not provide a definitive solution to this issue. Discrimination often operates behind closed doors, making it difficult to ascertain whether job applicants are rejected solely based on their lack of Canadian work experience.
The Canadian job market poses a unique challenge for immigrants. While they are highly motivated to work, some workplaces explicitly demand Canadian work experience or refuse to hire individuals with qualifications or experience acquired overseas. Professional associations have similarly enforced these requirements, creating barriers for immigrants.
Canada is currently grappling with a shortage of skilled workers in various sectors, such as medicine and welding. Despite this shortage, many skilled immigrants are unable to find suitable employment in their respective fields. For instance, only 4.5% of Canadian citizens with degrees in medicine, dentistry, optometry, and veterinary medicine work outside their fields. In contrast, the figure rises to approximately 30% for immigrant professionals in these areas.
Bill 149 is considered a positive step by experts and professionals working with immigrant job seekers, as it aims to eliminate discriminatory hiring practices. However, proving that employers are solely interested in candidates with Canadian education or work experience remains challenging. Intangible factors, such as soft skills and cultural fit, can still hinder immigrant applicants from securing jobs.
Soft skills, such as fitting into an organization’s culture and workplace interactions, play a crucial role in hiring decisions. Employers often rely on these soft skills as a gauge for cultural integration within a Canadian office. Unfortunately, soft skills are difficult to measure and can be used as a pretext to reject immigrant candidates without explicitly referring to Canadian work experience.
Although Ontario’s legislation represents a significant step, other provinces, like British Columbia, are also considering similar measures. These guidelines could potentially reshape Canada’s workforce, given its high immigrant population. While legislation banning overt discrimination is essential, it may not entirely eliminate all forms of bias against immigrants.
In conclusion, Ontario’s Bill 149 is a commendable effort to address discrimination related to Canadian work experience requirements. However, the complexities of hiring practices, including the reliance on soft skills and cultural fit, may persist even with this legislation in place. The broader challenge lies in fostering a genuinely inclusive work environment that embraces newcomers, transcending the need for legal mandates.