In a precedent-setting decision, the Human Rights Tribunal of Ontario has ruled that an employer cannot discriminate against job candidates who do not have Canadian permanent residence status or citizenship but are legally able to work here.

The decision follows a complaint from Muhammad Taimoor Haseeb, a former international student at McGill University who was offered a position as an engineer in Sarnia by Imperial Oil in 2014. The offer was later rescinded after the company learned Haseeb did not have permanent status in Canada — though he was eligible for a three-year postgraduate work permit to stay in the country.

The case is believed to be the first employment-related complaint in Canada related to citizenship and could have far-reaching implications for employers who turn down applicants based on residency status.

Toronto Employment Lawyer Chantel Goldsmith, partner at Samfiru Tumarkin LLP, joined host Matt Gurney on Global News Radio 640 Toronto's "The Exchange" to discuss the precedent-setting case.

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