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Human Resources Development Canada has provided guidelines as to what may be asked at an employment interview These itemize some of the questions on sensitive issues which cannot be asked, as well as the types of questions on the same issue that can be asked. It should be noted that the Canadian Human Rights Act covers employment under federal jurisdiction, such as: federal government departments and agencies, airlines, banks, railways, radio, television and telephone companies, transport companies that do business in more than one province, and so on.
The point of an employment interview is, of course, for the prospective employee and his or her potential employer to learn about one another and to determine whether or not they can work together successfully. Sometimes there are issues that employers would like to address but which are not directly relevant to the vacancy being filled. Such questions might even come across as violating basic human rights protected under the Canadian Human Rights
A Guide to Screening and Selection in Employment Even before the interview, employers can take steps to ensure that they have reached the widest pool of qualified applicants. - Remember that the application form is the employer's calling card. Any question that appears on the application form which is unrelated to the job may appear discriminatory and dissuade a good prospective employee from applying. - Advertising in newspapers or magazines whose primary readers are women, Aboriginal peoples, members of visible minority groups, people with disabilities, or gay men and lesbians, for example, also communicates a clear message that qualified individuals from traditionally disadvantaged groups are welcome in your organization and will be treated with respect.
An employment interview is conducted to learn more about the suitability of people under consideration for a particular job. However, sometimes the information sought during interviews is not relevant to the job being filled and may let discriminatory elements creep into the selection process. For example: - an applicant's place of birth seldom has anything to do with ability - height and weight requirements are not always accurate measures of physical strength and may act to screen out women or some racial or ethnic groups that tend to be smaller in stature A skilled interviewer can properly assess a candidate without drawing out a lot of unnecessary information. This guide identifies some of the common pitfalls in interviewing and suggests useful alternatives. Although no employer can anticipate every possible interview situation, he or she should be sensitive to those kinds of situations that can lead to a human rights complaint. Making Interview Notes Usually, interviewers will have copies of resumes or applications available at the interview for easy reference or to use as the basis of interview questions. When many applicants are being interviewed, interviewers often make notes on the resumes to help differentiate candidates. Even though these notes may be solely for the use of the interviewer, they must not identify or differentiate candidates according to the prohibited grounds (for example, "black woman, 45-ish" or "South Asian man"). The Canadian Human Rights Act The Canadian Human Rights Act entitles all individuals to equal employment opportunities without regard to: race or colour, national or ethnic origin, religion, age, family or marital status, sex (including pregnancy or childbirth), pardoned conviction, disability (either physical or mental or as the result of dependence on alcohol or drugs), or sexual orientation. Section 8 of the Act states that: It is a discriminatory practice, that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination. The Act covers employment under federal jurisdiction. Included are federal government departments and agencies, Crown corporations, airlines, banks, railways, interprovincial pipelines, radio, television and telephone companies, and transport companies that do business in more than one province. Bona Fide Occupational Requirements An exception to the Act is allowed when the abilities necessary to carry out the core functions of the job are related to a prohibited ground. A particular skill or qualification can be specified if the preference is based on a bona fide occupational requirement. For example, a job may require a certain level of colour vision in order to be performed safely and efficiently, thereby precluding from consideration a person who does not meet this level. However, employers should try to find alternative approaches to the job so that such restrictive requirements can be eliminated. Occupational requirements should focus on a person's actual ability — not assumptions based on a group characteristic. The Canadian Human Rights Commission has detailed materials available to explain the application of bona fide occupational requirements if you think that jobs in your organization are affected. Special Programs and Employment Equity The Canadian Human Rights Act allows for special programs designed to improve opportunities for groups that have been traditionally disadvantaged because of race, ethnic origin, religion, age, sex, marital and family status, disability or any other prohibited ground of discrimination. As well, the Canadian Human Rights Commission audits employers and takes necessary action to ensure they comply with the Employment Equity Act, which is designed to improve job opportunities for four specific groups — women, Aboriginal people, members of visible minorities, and persons with disabilities. Many employers have found special programs helpful in achieving equality in the workplace. Commission policy permits employers to collect the data they require to plan and support special programs, even though the information collected may touch upon one of the prohibited grounds. However, in the event of a complaint, the employer must be able to show that the data collected have not been used to discriminate, either in the hiring process or later when deciding promotion opportunities. The following table offers some helpful interview guidelines in
the selection of job candidates. Subject: Name Avoid asking: - about name change: whether it was changed by court order, marriage,
or other reason Comment: - ask after selection if needed to check on previously held jobs or educational credentials Subject: Address Avoid asking: - for addresses outside Canada Preferred: - ask place and duration of current or recent address Subject: Age Avoid asking: - for birth certificates, baptismal records, or about age in general Preferred: - ask applicants if they are eligible to work under Canadian laws regarding age restrictions Comment: - if precise age required for benefit plans or other legitimate purposes, it can be determined after selection Subject: Sex Avoid asking: - males or females to fill in different applications Preferred: - ask applicant if the attendance requirements can be met Comment: - during the interview or after selection, the applicant, for purposes of courtesy, may be asked which of Dr., Mr., Mrs., Miss, or Ms. is preferred Subject: Marital status Avoid asking: - whether applicant is single, married, divorced, engaged, separated,
widowed, or living common-law Preferred: - if transfer or travel is part of the job, the applicant can be
asked whether he or she can meet these requirements Comment: - information on dependents can be determined after selection if necessary Subject: Family status Avoid asking: - number of children or dependents Preferred: - ask if the applicant would be able to work the required hours and, where applicable, overtime Comment: - contacts for emergencies and/or details on dependents can be determined after selection Subject: National or ethnic origin Avoid asking: - about birthplace, nationality of ancestors, spouse, or other relatives
Preferred: - since those who are entitled to work in Canada must be citizens, permanent residents, or holders of valid work permits, applicants can be asked whether they are legally entitled to work in Canada Comment: - documentation of eligibility to work (papers, visas, etc.) can be requested after selection Subject: Military Service Avoid asking: - about military service in other countries Preferred: - inquire about Canadian military service where employment preference is given to veterans by law Subject: Language Avoid asking: - mother tongue Preferred: - ask if applicant understands, reads, writes, or speaks languages required for the job Comment: - testing or scoring applicants for language proficiency is not permitted unless job-related Subject: Race or Colour Avoid asking: - any inquiry into race or colour, including colour of eyes, skin or hair Subject: Photographs Avoid asking: - for photo to be attached to applications or sent to interviewer before interview Preferred: - photos for security passes or company files can be taken after selection Subject: Religion Avoid asking: - whether applicant will work a specific religious holiday Preferred: - explain the required work shift, asking whether such a schedule poses problems for the applicant Comment: - reasonable accommodation of an employee's religious beliefs is the employer's duty Subject: Height and Weight Comment: - no inquiry unless there is evidence they are genuine occupational requirements Subject: Disability Avoid asking: - for a list of all disabilities, limitations or health problems
Preferred: - ask whether the applicant has any condition that could affect ability
to do the job Comment: - a disability is only relevant to job ability if it:
Subject: Medical Information Avoid asking: - whether the applicant is currently under a physician's care Comment: - medical exams should be conducted after selection and only if an
employee's condition Subject: Pardoned Conviction Avoid asking: - whether an applicant has ever been convicted Preferred: - if bonding is a job requirement, ask whether the applicant is eligible Comment: - inquiries about criminal record or convictions are discouraged unless related to job duties Subject: Sexual Orientation Avoid asking: - about the applicant's sexual orientation Comment: - contacts for emergencies and/or details on dependents can be determined after selection Subject: References Comment: - the same restrictions that apply to questions asked of applicants apply when asking for employment references
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