Published online by Cambridge University Press: 04 November 2025
This chapter explores the historical, legal, and regulatory landscape of employment testing bias and fairness in Canada. Canada’s history of colonization and immigration has resulted in a multicultural society. In 1984, the landmark Abella Report, and the subsequent Employment Equity Act, established key protections for historically disadvantaged groups, shaping modern employment practices. The chapter discusses the jurisdictional complexities of employment law, detailing federal and provincial regulations that prohibit discrimination based on race, sex/gender, disability, and other characteristics. Legal frameworks (e.g., the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act) define bias and fairness in employment testing. Key court case decisions illustrate legal principles guiding test validity and adverse impact. We also examine professional guidelines, burden of proof requirements, regulatory oversight, and emerging challenges such as AI-driven assessments and balancing validity with diversity. The legal landscape continues to evolve, with growing emphasis on fairness, transparency, and inclusion.
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