Do Not Hire (DNH) Lists: Lawful Tool or Legal Risk?

“Do not hire” lists are more common than you might think — but they come with serious risks.

When They Can be Lawful

In some cases, employers may justify:

• Re-hiring restrictions for serious misconduct

• Safety-Related Concerns

When They Become Risky

Issues Arise When:

• Decisions aren’t documented

• Lists are applied inconsistently

• Human rights concerns are ignored

How to Use Them Safely

Best practices when using DNH lists in your organization:

• Document the reason clearly

• Apply consistently

• Review regularly

• Ensure compliance with the Ontario Human Rights Code

Final Thoughts

What feels like a simple internal tool can quickly become a legal issue if not handled properly.