Ontario Municipal Human Resources Association

Diversity, equity, and inclusion (DEI) is sometimes framed as a values-driven initiative separate from core business strategy. In reality, it is both a legal obligation and a performance driver. For HR professionals, understanding why diversity matters, as well as building compliant, effective systems to attract and retain it, is integral to building a strong organization.

Why Diversity Matters

Diverse teams consistently demonstrate faster and better problem-solving. A team with diverse backgrounds and experiences surface a wider range of approaches to a given challenge and reduce blind spots that homogenous teams tend to share. Diverse teams also bring a broader range of perspectives to decision-making and client service, which is particularly valuable in organizations serving diverse customer bases. Practically speaking, casting a wider net also means access to a larger talent pool at a time when many sectors face persistent skills shortages.

Beyond the business case, employers have statutory obligations with respect to human rights in the workplace. The Ontario Human Rights Code (the “Code”) prohibits discrimination in employment on the basis of protected grounds, including race, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, disability, and family status, among others. The Code also imposes a positive duty to accommodate employees with needs related to a protected ground, up to the point of undue hardship. These are not aspirational guidelines; they are enforceable legal requirements, with serious consequences for non-compliance.

Hiring Practices

The Code applies at every stage of the employment relationship, including recruitment and hiring. Interview questions must be framed carefully to avoid probing protected grounds, even indirectly. Questions about a candidate’s accent, place of birth, family plans, or availability for religious holidays can all raise Code concerns, even when asked with no discriminatory intent.

One area of increasing legal attention is the request for “Canadian experience.” The Ontario Human Rights Commission has long taken the position that a blanket requirement for Canadian work experience is discriminatory, as it disproportionately disadvantages newcomers on the basis of place of origin. This position is now codified in statute: recent amendments to the Employment Standards Act prohibit employers from requiring Canadian experience in publicly advertised job postings, effective January 1, 2026.

HR professionals have several tools available to reduce implicit bias in hiring:

• Blind resume review, removing identifying information such as name, gender, and details suggesting race or ethnicity before initial screening.
• Structured interviews using a standardized set of job-related questions asked consistently across all candidates, rather than open-ended or improvised discussion.
• Objective, competency-based assessments that evaluate candidates against pre-defined, job-relevant criteria rather than subjective impressions of “fit.”
• Diverse interview panels, which help surface and check individual bias during the evaluation process.

Retention

Attracting diverse talent is only half the equation. Retention requires sustained investment in an inclusive culture. This includes creating meaningful opportunities for employees with different backgrounds and experiences to contribute to decision-making. Employee affinity or resource groups give employees from underrepresented groups a structured community, and a channel to share perspectives of workplace practices and policies. Structured mentorship programs, particularly ones that connect diverse employees with senior leaders, help address gaps in informal sponsorship that can otherwise limit advancement.

Retention also depends on genuine engagement and a strong sense of community, reinforced through employee recognition practices, inclusive events, and leadership visibly participating in EDI initiatives. Finally, organizations can maintain anonymous feedback mechanisms specifically focused on DEI experiences, distinct from general engagement surveys, so that concerns can surface before they escalate into complaints or departures.

Takeaways for HR Professionals

Building a genuinely diverse and inclusive workplace requires treating DEI as an integrated function of HR strategy, not a standalone initiative. Practically, this means: auditing job postings and interview practices for Code compliance; training hiring managers on bias-reduction tools; ensuring accommodation requests are handled promptly and consistently; and investing in the retention infrastructure, including mentorship, affinity groups, and anonymous feedback loops, that keeps diverse talent engaged for the long term. Organizations that do this well are not only better positioned to attract top talent, but also to avoid the legal and reputational risks that come from getting it wrong.

Written by: Samantha Sutherland-Archibald, Turnpenney Milne LLP