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Asking Job Applicants to Confirm Canadian Citizenship

QUESTION

Hi! I wanted to know if I can include the following when posting a job on a job board (such as LinkedIn):

“By applying to this position you are confirming you possess either a Canadian citizenship, permanent resident status or work permit.”

— Name withheld

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ANSWER

Although it should be okay, the notice does raise some discrimination concerns. If I were you, I’d reword it:

“By applying to this position, you are confirming that you are legally entitled to work in Canada.”

EXPLANATION

I get what you’re trying to do. You’re asking job applicants to confirm that they’re legally entitled to work in Canada. And that’s perfectly legal.

The problem is the reference to Canadian “citizenship.” As you know, it’s against the law to base employment decisions on a person’s citizenship or nationality. So asking   job applicants to supply information about their Canadian citizenship could raise a red flag.

The good news is that your notice asks for confirmation of either Canadian citizenship/residency or a permit to work in Canada. Covering both bases should go a long way toward neutralizing discrimination concerns.

But because it speaks to legal eligibility to work in Canada in a neutral manner without soliciting information on citizenship, the substitute language recommended above would be much safer to use.

*****

I hope this helps.

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