Discriminated for not being Canadian Citizen

nisti2

I've just applied for an IT Security position in a X Company in Toronto and today I received a call that I don't qualify because the position requires a Canadian Citizen, I'm a permanent resident.

What to do in that case? I know is suitable but also I didn't record the conversation.

Please let me know.

Thanks!

TranceSoulBrother

How is that discrimination?
If the position requires citizenship for any specific security clearance, then that's the requirement if it's posted.
Otherwise, did you tell them that you are a permanent resident or have the right to work?

nisti2

TranceSoulBrother wrote: »

How is that discrimination?
If the position requires citizenship for any specific security clearance, then that's the requirement if it's posted.
Otherwise, did you tell them that you are a permanent resident or have the right to work?

Yes, I told all that.

Iristheangel

So you told them you weren't a citizen and then they declined you for that since the job required a citizen? How is this discrimination if you don't meet the job requirements?

Danielm7

They are allowed to have specific requirements for a job, if you don't meet them that isn't discrimination.

nisti2

"It is illegal for employers to make distinctions between Canadian citizens, citizens from other countries, persons with dual citizenship, landed immigrants or permanent residents, refugees and non-permanent residents. Employers should only be concerned with whether a person has legal status to work in Canada, rather than whether the person is a Canadian citizen, except in the narrow exceptions provided by section 16 of the Code." 3. Grounds of discrimination: definitions and scope of protection | Ontario Human Rights Commission

I meet the job requirements and all that... The thing that didn't put on the job post, the recruiter didn't tell me that.. so something is wrong with the company...

TranceSoulBrother

What we mean is that maybe the company has specific requirement beyond what this law says.
We don't have knowledge of the job description or requirements.
Are they asking for specific requirements besides the citizenship? The pasted paragraph doesn't allow for this type of discrimination, but what other qualifications are out there? were there better candidates alongside you?

PJ_Sneakers

Ok, well. If you feel you were discriminated against, consult an attorney. If the attorney agrees, you can hire them to pursue legal action.

FrankTh

Hi nisti2.
It appears you are extremely qualified in the security field.
I have this information for you, simply follow the link.
what it says: [h=2]What permanent residents cannot do[/h]You are not allowed to:

• vote or run for political office,
• hold some jobs that need a high-level security clearance.

Hope this can help you.
Understand permanent resident status

nisti2

Really Thanks!! Now its all make sense!!

FrankTh wrote: »

Hi nisti2.
It appears you are extremely qualified in the security field.
I have this information for you, simply follow the link.
what it says: What permanent residents cannot do

You are not allowed to:

• vote or run for political office,
• hold some jobs that need a high-level security clearance.

Hope this can help you.
Understand permanent resident status

FrankTh

Hi again nist2.
In case this extra infor might be helpful to you...
Just verify first if your country allow more than one citizenship.
Apply for citizenship (grant of citizenship) urgently
Hoping this can help you.

TechGromit

Danielm7 wrote: »

They are allowed to have specific requirements for a job, if you don't meet them that isn't discrimination.

So if I was an employer, I could specify in my job posting that only female, blondes, 20 to 28, 110 pounds or less, can apply? So long as I state what I'm looking for in the job requirements are I can be as selective as I want?

joelsfood

Ask Hooters,Tilted Kilt, etc TechGromit.

Also, that clearly was not in any way what Danielm7 was saying, and doesn't help the thread or the OP at all. Thanks for playing, though.

TeKniques

TechGromit wrote: »

So if I was an employer, I could specify in my job posting that only female, blondes, 20 to 28, 110 pounds or less, can apply? So long as I state what I'm looking for in the job requirements are I can be as selective as I want?

Complete straw man argument. No one is saying that the specific requirements have to do with sex, age, weight, race, etc. The issue here is the job applied for requires the candidate to be a Canadian citizen; probably for the reasons mentioned by FrankTh, but we will never know unless the OP tells us.

Iristheangel

TechGromit wrote: »

So if I was an employer, I could specify in my job posting that only female, blondes, 20 to 28, 110 pounds or less, can apply? So long as I state what I'm looking for in the job requirements are I can be as selective as I want?

The above case has nothing to do with any of those reasons. It's a security job that sounds like it probably requires some clearance so they have to take applicants that can meet the requirements. It wouldn't be discrimination if a non-citizen permanent resident of the US applied for a DOD job that required top secret clearance and got turned down for it

gkca

Most likely the job is servicing the gov't contract, so they have to stick to these guidelines: Personnel Security Screening - Contract Security Program - Public Works and Government Services Canada (PWGSC)

Chinook

Hey OP.

I am a Canadian citizen. Canadian law prohibits discrimination. In this case there is a clause for certain positions of security especially national security. Without more details I would say the response of the company was quite fair. They were professional enough to contact you and advise you why you didn't qualify. I'm guessing you are what we call a "landed immigrant" which gives you nearly the same rights as a citizen.

In the future as you look for positions I would recommend you pursue citizenship & go discuss having a police check done. Doing this in good faith on your own behalf is going to impact how the potential employer views you.

EDIT: There are some screening processes you could go through by yourself. I would first approach the Toronto Police about a background check. You can request this for yourself. There is usually a small fee attached.

TechGromit

My point was apparently it's perfectly legal to discriminate if I tell you I am discriminating against you up front. If I don't tell you and I discriminate against you then it's illegal? I'm not sure the Federal Laws Prohibiting Job Discrimination had these kinds of exceptions in mind when they were created. I know of a Casino in Atlantic City, the Borgata, that can fire female cocktail waitress if they gain more than 7 percent of their body weight. Challenges against this went as far as the New Jersey Supreme court and was ruled perfectly legal. Apparently fat people do not present the kind of image the company is looking to project and it's perfectly legal to fire them.

Danielm7

The point was that you're taking the comment completely out of context. Go read post #10, the OP already replied to a comment about needing citizenship for security clearance and that it made sense. That's exactly the type of qualifications we're talking about, no point at all bringing age/race/religion/etc into the mix as everyone already knew we weren't talking about that.

Chinook

Danielm7 wrote: »

The point was that you're taking the comment completely out of context. Go read post #10, the OP already replied to a comment about needing citizenship for security clearance and that it made sense. That's exactly the type of qualifications we're talking about, no point at all bringing age/race/religion/etc into the mix as everyone already knew we weren't talking about that.

Precisely. For example, the CSE (our NSA) requires you be a Canadian Citizen. As far as I know only Canadian Citizens can qualify for top secret security clearance. That's not discrimination, just a fact of the position. It would be like saying someone who was convicted of a serious crime is being discriminated against because they can't become a police officer.

NetworkNewb

Discriminated for "not" being Canadian I've seen it all now!

TechGromit

Danielm7 wrote: »

The point was that you're taking the comment completely out of context.

That's funny, I thought the forum was was "Off-Topic", apparently I'm too far off topic.