Immigrants who are labelled as "overqualified" may
be victims of discrimination, says one recent human rights case.
Immigrants have to have a good sense of irony while looking for
a job in Canada - when they apply for positions at their skill
level, they're told their qualifications are not good enough; when
they apply for lower level positions, they are told their qualifications
are too good … they are "overqualified."
While the word "overqualified" may
simply mean the person has skills and experience above and beyond
what's expected for
the job, the word connotes something a little more sinister when
used in reference to immigrants and visible minorities. A recent
Canadian Human Rights Tribunal case has proved that denying an
immigrant a job because of overqualification may be discriminatory.
The case was based on a complaint Indian-born environmental scientist
Dr. Gian Singh Sangha (who has a PhD from Germany) made after being
rejected for one of four available jobs with the Mackenzie Valley
Land and Water Board in Yellowknife.
The government agency told the tribunal that Sangha was overqualified
and would have become bored. But the hirers never asked Sangha
why he was applying for a position below his skill level. One of
the hirers immediately wrote "no" on her interview notes,
even though Sangha's interview and test scores were higher than
some who were eventually hired.
"They were just looking for ways to get him off the table
because he was an unknown quantity," says Jeffrey Reitz, a
professor with the University of Toronto's ethnic, immigration
and pluralism studies, and an expert witness in Sangha's case.
"What we have here is an important signal that this particular
type of hiring decision is viewed as discrimination by the Human
Rights Commission."
Why is it discriminatory? Because there is a pattern in Canada
of discounting foreign credentials, immigrants will more than likely
have to apply for a job they are technically overqualified for.
"But, in fact, immigrants often have more trouble [at lower
level positions] than at their own level," says Reitz. The
qualifications needed are not as high. So the employers can set
aside their qualifications. That's why immigrants, more so visible
minority immigrants, don't get the job, and they tumble right down
to bottom of labour market."
Here's where more irony sets in - for some reason, employers of
these more menial jobs seem to have no trouble hiring obviously
overqualified immigrants.
While Sangha's case is a clear signal that discriminating against
immigrants is not acceptable, Reitz says, "unfortunately,
such a decision has no force of law."
The commission can't force employers to stop discriminating. The
tribunal's decision didn't even force Mackenzie to hire Sangha.
Instead Sangha was awarded only $9,500 for suffering.
Looking at it from the employer's perspective, Reitz says, "A
risk-averse employee wants to go with the tried and true. It's
a fact that half of the workforce is below average and are going
to be screwing up. If you hire someone whose qualifications are
well know, your decision is covered. If you hire someone whose
qualifications no one knows about, and they screw up, they'll ask,
'Why did you hire that person?' Hirers are worried about the downfall."
Sam Koshy, a career consultant who advises immigrants through
his firm Compass Career Life Solutions in Winnipeg, adds that employers
also believe overqualified candidates will quit sooner. "For
an employer, it is very expensive to replace a worker if he or
she quits, and it is true that people who are more than qualified
for a position have a higher rate of moving on."
However, he adds, employers often don't recognize the unique position
of immigrants that leads them to apply for lower level positions. "[They
don't realize that] very often the so-called 'overqualified' immigrants
stay on in positions beyond their credentials for many years and
some of them until they retire," says Koshy.
So Koshy has some words of advice for immigrants to educate employers. "Let
the employer know that you are looking at this position as more
than just a stop gap or temporary position, and give them your
reasons."
A new immigrant advocacy organization is taking the Sangha case
and running with it.
The Canadian Professional Immigrants Association was created by
a group of Indian immigrants associated with PICS in Surrey - Sangha's
hometown. Dr. Jasbir Singh Mann, spokesperson for the new group
wants to emphasize that it represents all ethnicities. "All,
all, all," he stresses. "I want to make that point again
and again. My idea is to get everyone in there, so we can represent
everyone in the multicultural community."
The association's first task is dealing with the Sangha case. "We
want an appeal, further compensation and even a job. He would rather
have the job than the money."
Beyond the Sangha case, Mann hopes the association will help change
the system, perhaps by linking skilled immigrants with a one-year
position in their field as soon as they arrive. "We need to
keep immigrants out of mental torture and not let them to leave
Canada," says Mann.
Fact is, many immigrants do leave Canada - as many as four out
of 10, according Statistics Canada. Even Sangha went down to the
United States to teach for a university, but he wants to be in
Canada.
The question is: when will Canada show him and other immigrants
they are wanted back?
Margaret Jetelina is editor of the Canadian Immigrant Magazine
and principal of Wordjet Communications (www.wordjet.ca). Email
wordjet@shaw.ca.
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