Ontario's New Hiring Legislation Transforms Ghosting from Rude to Risky
Employers in Ontario are facing a significant shift in their hiring practices as new legislation transforms what was once considered merely impolite behavior into a legally punishable offense. The province's latest Working for Workers legislation, which took effect on January 1, has expanded employers' legal obligations to include specific requirements during the hiring process.
The 45-Day Notification Requirement
One of the most substantial changes requires employers to notify job applicants about the status of their candidacy within 45 days of the applicant's final interview. Importantly, this law does not mandate that employers make a hiring decision within this timeframe. Instead, it simply requires communication regarding whether a decision has been reached.
This modest but crucial obligation targets a practice that has become increasingly common across Ontario's labour market: candidate ghosting. What began as a dating app phenomenon has quietly become a routine feature of recruitment processes throughout the province.
The Real Costs of Ghosting Candidates
From an employer's perspective, ghosting job applicants might seem efficient and non-confrontational. However, this practice carries substantial hidden costs that extend far beyond simple rudeness. Applying for positions is rarely a casual endeavor for candidates, who often take time off work, arrange childcare, prepare presentations, and invest significant emotional capital in the process.
When employers disappear without communication, they send a clear message that candidates' efforts were disposable. This perception travels rapidly through professional networks, social media platforms, and employer-review websites. A single alienated candidate can quietly undermine an organization's future hiring pipeline and damage its reputation among potential employees.
Internal and External Consequences
The impact of ghosting extends beyond external candidates. Current employees often interpret how organizations treat applicants as a proxy for how they handle conflict, transparency, and accountability more broadly. Silence toward candidates can erode internal trust and create concerns about workplace culture.
More significantly, ghosting now carries substantial legal risks under Ontario's new legislation. Failing to comply with the 45-day notification requirement exposes employers to Ministry of Labour investigations and potential penalties. In certain circumstances, unexplained silence following candidate disclosures can serve as evidence in discrimination, retaliation, or negligence claims.
Heightened Legal Vulnerabilities
The legal risks become particularly acute when candidates have disclosed disabilities, requested accommodations, or raised concerns during the hiring process. An employer's unexplained disappearance following such disclosures can provide the causal connection that human rights tribunals seek when assessing discrimination claims.
It takes only one overlooked applicant to trigger a human rights complaint, employment standards investigation, or lawsuit. These legal disputes are rarely minor matters, consuming substantial management time, legal budgets, and internal goodwill while leaving lasting organizational scars long after resolution.
As employment lawyers Howard Levitt and Jeffrey Buchan emphasize, what was once considered merely rude behavior has evolved into a significant legal and operational risk for Ontario employers. The new legislation represents a fundamental shift in how organizations must approach candidate communication, transforming ghosting from an accepted practice into a potentially costly legal liability.
