On November 6, 2023, the Ministry of Labour announced plans for new laws requiring employers to disclose certain types of information in job postings. Specifically, proposed laws will require employers to state the salary range for a position on the job listing, as well as indicating whether the employer uses Artificial Intelligence (AI) in their hiring practice. The government indicated that this is designed to address inequity and bias in job posting and hiring processes.
According to the government sources, 37% of online job postings in Ontario included salary information. Salary transparency is key in eliminating the wage gap, which currently shows that women in Ontario make $0.87/hour for every dollar earned by a man, a number that drops significantly lower for racialized and indigenous women. The government states that by providing salary information in job postings, organizations can help close the wage gap while speeding up the hiring process and increasing worker retention.
The government further explained that the use of AI in hiring practices in the province is low, currently only 7% of employers are planning to implement AI in their hiring practices by February 2024. However, given the ongoing rapid increase in AI usage and the ethical concerns of the technology, the province hopes the proposed changes will help address concerns of its use.
On the Horizon: Ontario looking to restrict the use NDAs in Workplace Sexual Harassment Settlements
There is current an NDP bill addressing workplace sexual harassment disclosures up for consideration in the legislative assembly. The Conservatives have now indicated that they are considering their own legislation in this respect. According to recent government news releases, currently, 7 out of 10 workers in Ontario have reported experiencing a form of sexual harassment in the workplace, with rates being higher for non-male workers. The government says consultations will take place on ending the use of NDAs to help end workplace misconduct and hold abusers accountable. This follows Ontario’s recent changes to similarly restrict the use of NDAs in post-secondary institutions.
As always, PooranLaw will continue to update you with any developments on this story and the implications they may have on your workplace operations as they emerge.
Read the original news release from Ontario here: https://news.ontario.ca/en/release/1003758/ontario-to-require-employers-to-disclose-salary-ranges-and-ai-use-in-hiring
PooranLaw will continue to monitor the progress of these bills and other relevant developments. In the meantime, if you require legal assistance in determining how these rules may impact your organization, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
