Happy New Year! As we begin to make plans at the start of a new year, hiring is always at the top of mind of many businesses. With every hire, companies go through a lengthy and costly process to identify a suitable candidate for their team. Sometimes, interviewers must ask many different questions to gather enough information from job applicants to decide their perfect candidate. When the interviewers are simply not getting the information and responses to make a conclusive decision on a candidate, they might need to start getting creative in the questions. Here is where things can get complicated and even costly for an employer as there are questions that are inappropriate, and some even illegal, to ask during an interview no matter where you are in Canada.
Let’s explore some of these prohibited questions with examples and when exceptions are allowed so that you may comply with the Canadian Human Rights Act and steer clear of any accusations of being discriminatory.
1) Age
Questions surrounding age are not allowed unless the employer is a special service organization that serves a particular age group and if age is a reasonable and bona fide job requirement. Otherwise, you cannot ask questions like:
“How old are you?”
“When did you graduate?”
“When were you born?”
2) Citizenship
Questions about citizenship status are not allowed unless there are citizenship requirements imposed or authorized by law, promoting participation of citizens and permanent residents, or when hiring for senior executives. Otherwise, you cannot ask questions like:
“Are you a Canadian citizen?”
“Are you a Permanent Resident?”
3) Country/place of origin, Race, or Ethnicity
Questions about place of origin, race, ethnicity, or language abilities are not allowed unless the employer is a special service organization serving mostly the interests of a certain racialized group. Otherwise, you cannot ask questions like:
“Where are you (or your family) originally from?”
“What background are you?”
“Where were you (or your parents) born?”
“What native language (or Mother tongue) do you speak?”
4) Religion, Faith, or Creed
Questions about religion, faith, or creed are not allowed unless the employer is a special service organization serving mostly the interests of a certain religious group. Otherwise, you cannot ask questions like:
“Do you have any religious beliefs?”
“What religious holidays do you follow?”
“What religious institution do belong to?”
5) Mental or Physical Health and Disability
Questions about Mental or Physical health and disabilities are not allowed unless the employer is a special service organization serving mostly the interests of persons with disabilities, or a person chooses to talk about their disability at an interview, then the employer can ask about the accommodation needed and ability to perform the essential duties of the job with accommodation. Otherwise, you cannot ask questions like:
“Do you have any illnesses or disabilities?”
“Are you taking any medications?”
“When was you last physical exam?”
“Have you ever been diagnosed with any psychiatric disorder?”
“How did you end up in a wheelchair?”
6) Marital and Family status
Questions about marital status are not allowed unless the employer is a special service organization serving mostly the interests of a particular group of persons such as single, divorced, or other persons identified by their marital status and is a reasonable and bona fide requirement. Questions about family status and caregiving responsibilities towards children are not allowed unless travel is a bona fide requirement, and a person has expressed their inability to travel due to family status. Otherwise, you cannot ask questions like:
“Are you single / married / divorced?”
“Do you have kids?”
“How many kids do you have?”
“Do you plan on having kids?”
“Who will take care of your kids if you work?”
7) Record of offences
Questions about unpardoned Criminal Code convictions are allowed. Questions about pardoned Criminal Code convictions and provincial offences are not allowed unless the employer can show that the requirement is reasonable and bona fide. Otherwise, you cannot ask questions like:
“Have you ever been convicted?”
“Have you ever been arrested?”
“Do you have a criminal record?”
8) Gender identity or expression, Sex, or Sexual orientation
Questions about gender identity or expression, sex, and pregnancy are not allowed unless the employer can show that such a requirement is reasonable and bona fide. No questions about sexual orientation are not allowed permitted. Otherwise, you cannot ask questions like:
“What gender do you identify as?”
“Are you male or female?”
“Is your partner male or female?”
Employers must understand that it’s a fine line between wanting to get to know your job applicants and the prohibited grounds of discrimination in the relevant human rights legislation. The rule of thumb is to always stick to the questions related to the job criteria and the applicants’ skills and experiences to perform the job duties required. Anything beyond that can be viewed as personal curiosity and irrelevant in the interview setting and some may also read between the lines of your questions and view it as signals to what the company culture and values are.
The best way to avoid finding yourself dancing in this grey area is to create a structured interview process that can be used by everyone in the company to ensure that no one deviates from standard interview practices. When structuring your interview process, focus assessing skills and experience to the job requirements and that should lead the conversations in the right direction.
Contact Us today to speak with one of our Account Executives and let us help you kickoff the new year by building your team with the right talent!
References:
https://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/5-interviewing-and-making-hiring-decisions#sthash.MOH1r5GG.dpuf
https://www.shrm.org/topics-tools/news/canada-avoid-inappropriate-interview-questions
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