Can an employer refuse to hire me because of a job requirement that excludes people of my religion?

What the Law Says

Canada’s human rights law protects job applicants from religious discrimination — but allows narrow exceptions if an employer can prove a requirement is essential to the job.

Under the Canadian Human Rights Act, it is illegal for employers under federal jurisdiction (e.g., banks, airlines, federal government) to refuse to hire someone based on religion or other prohibited grounds like race, gender, or disability.

However, section 15 creates a limited exception: if a job requirement is a 'bona fide occupational requirement' (BFOR), it may be lawful — but only if the employer can prove it is necessary, rationally connected to the job, and that accommodating the individual would cause 'undue hardship'.

The burden is always on the employer to justify the requirement — not on the applicant to prove discrimination.

Statutory Text

It is a discriminatory practice to refuse to employ or continue to employ, or to differentiate adversely in the course of employment, on a prohibited ground.

— Canadian Human Rights Act, s. 7 — Employment

Statutory Text

Employment practices based on a bona fide occupational requirement are not discriminatory.

— Canadian Human Rights Act, s. 15 — Bona fide occupational requirement

What to Do

Sources