Recent BC case a reminder that accommodation can start at the job interview stage
A recent human rights decision out of the British Columbia Human Rights Tribunal serves as a clear reminder - the duty to accommodate applies from the very first interaction with a job applicant. An employer who dismissed a candidate with disabilities without exploring accommodation was ordered to pay $15,000 in damages. Here’s what HR professionals need to know to avoid similar missteps.
In Shahbakhshi v. Melo and another, 2025 BCHRT 87, the job applicant, Yassaman Shahbakhshi, attended a job interview at Pure Luxe Salon for a laser technician position along with a sign language interpreter. The employer, Melo, was not aware that Shahbakhshi was deaf before the interview.
When Shahbakhshi arrived for the interview with her sign language interpreter, Melo immediately said that she could not hire Shahbakhshi because she could not communicate with clients. Shahbakhshi tried to explain how she could communicate, but Melo was not willing to consider Shahbakhshi’s explanations. Melo was firm in her decision not to hire Shahbakhshi, and Shahbakhshi became upset and walked out. The parties had no further communication about the job. Shahbakhshi then filed a human rights application on the basis of disability.
Disability discrimination
Based on the above, the tribunal found that Melo’s actions towards Shahbakhshi established discrimination, contrary to the BC Human Rights Code. Specifically, Melo did not give Shahbakhshi a chance to show that she was qualified for the position because of her disability. Further, Melo failed to lead any evidence which established that verbal communication with clients was a bona fide occupational requirement for the job, or that they could not have accommodated Shahbakhshi.
The tribunal awarded Shahbakhshi $15,000 in damages for injury to dignity as a result of the above interaction. The tribunal found the following factors notable:
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The nature of this discrimination was serious, rash, and prejudiced, as Melo explicitly connected Shahbakhshi’s deafness to her inability to do the job, and refused to consider Shahbakhshi’s explanations about how she could communicate with clients.
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Shahbakhshi’s vulnerability to discrimination as a deaf person. The tribunal cited Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), where the Supreme Court of Canada noted that persons with disabilities have often been excluded from the labour force. The tribunal noted that Melo’s treatment of Shahbakhshi served to reinforce the barriers and exclusions that continue to marginalise Shahbakhshi and many other deaf people.
However, the tribunal declined to order compensation for lost wages, noting that the above interaction took place in February 2020, one month before the COVID-19 pandemic, which caused salons to be locked down and Melo to not hire anyone for the position. The tribunal was satisfied that Shahbakhshi similarly would not have been hired, even if there was no discrimination.
Avoiding discrimination in recruitment
Discrimination can happen before day one: Human rights protections begin at the recruitment stage, not just after someone is hired. Any interaction with a job candidate, including interviews, must be free from discrimination. In Ontario, employers are also legally required under the Accessibility for Ontarians with Disabilities Act (AODA) to make job postings accessible and to notify applicants of available accommodations during hiring.
Never assume - ask, listen, consider: Making assumptions about someone’s abilities based on a disability - without engaging in the accommodation process - is a fast track to liability. Employers should train hiring managers and front-line staff to avoid snap judgments and to recognize when the duty to accommodate arises.
Build inclusion into your hiring process: Consider these proactive steps:
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Add accommodation notices to job postings.
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Offer accessible interview formats for job applicants.
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Include anti-bias training in recruitment onboarding.
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Review and update hiring policies to ensure compliance with human rights laws.
Samantha Sutherland is a lawyer and workplace investigator at Turnpenney Milne in Toronto.
