Stay Compliant: Understanding Bill 149 of The Employment Standards Act
Ontario's Bill 149 has ushered in a new era of employment standards, bringing significant changes to the way employers hire. Today we’ll explain the changes from this new Bill and what actions you should take to maintain a positive brand reputation and compliance.
Key Changes Introduced by Bill 149
Salary Range Disclosure:
Employers are now required to include salary ranges in job postings. This transparency aims to promote fairness and reduce wage disparities.Prohibition on "Canadian Experience" Requirements:
Employers cannot discriminate against non-Canadian citizens or permanent residents by requiring "Canadian experience." This change encourages diversity and inclusion in the workplace.AI Transparency:
If AI tools are used in the hiring process, employers must disclose this fact to applicants. Transparency around AI ensures fairness and accountability in the hiring process.Record-Keeping Requirements:
Employers must retain job postings for a minimum of 3 years. Documentation from job postings aids in compliance and potential investigations post-hire.
These changes are designed to create a more equitable and transparent workplace. Salary transparency helps employers can attract a wider pool of qualified candidates and reduce wage disparities. Additionally, prohibiting discriminatory practices creates a more fair hiring process.
How to Adapt to Bill 149
This bill has direct impacts to hiring processes and documentation. Here’s a breakdown of the steps you can take to remain compliant:
Review Hiring Practices & Documentation: Ensure any processes or documents that are not compliant, or encourage non-compliant behavior, are amended.
Update Job Post Templates: Most companies have templates for job postings. Make sure your templates now include a Job Range section and any disclaimers around AI use (if applicable). Ensure you remove any discriminatory language, particularly around requesting Canadian experience.
Train HR & Management: Provide an overview, such as this article, to your HR and managerial employees so that they can easily digest these updates and take the lead on the changes necessary.
Document Hiring Processes: Maintain detailed records of all hiring decisions, including job postings, resumes, interview notes, and offers of employment. Ensure these are saved and organized in a place where HR and key leaders can easily access them.
Stay Informed: Stay updated on any further changes to employment laws and regulations. If you have any questions or concerns about Bill 149, consult with an employment lawyer to make sure your unique workplace can adapt accordingly.
Conclusion
Bill 149 represents a significant shift in the employment landscape. By understanding and adapting to these changes, employers can mitigate legal risks and build a strong, diverse workforce.
However, we know that navigating these changes can be complex and time-consuming. At Ari Agency, our Executive Search & Digital Recruitment experts help:
Use the Ari Agency A-Way hiring method to reduce the risk of mishiring and find your true A-Players
Provide guidance on compensation and the hiring marketplace
Ensure job descriptions are compliant with Bill 149
By partnering with Ari Agency, you can streamline your hiring process, reduce the risk of mishires, and improve your overall hiring success.
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