Case Summary: Seneca College v. Bhadauria

Course Reference: Week 2, Common Law of Hiring

Key Facts: woman (B) applies for professor job 10 different times, but never even gets an interview – she alleges the jobs were filled with less qualified people who were not East Indian. She sues Seneca, alleging discrimination.

Issue: Is there a common law rule banning discrimination in hiring on the basis of nationality or ethnic origin?

Decision:

1. Supreme Court of Canada rules that there is no common law rule prohibiting discrimination in contract formation, including in employment hiring. So, under the common law, an employer can discriminate in its hiring decisions.

2. The Court rules that the common law should not evolve to recognize a common law rule banning discrimination in contracts because the government has already addressed this issue through human rights legislation.

Summary: There is no common law rule banning discrimination in employment contracts or hiring. Complaints about discrimination must be dealt with by filing complaints under human rights legislation.