A person who needs accommodation to take part in an interview is responsible for advising of this need in enough detail, and co-operating in consultations to enable the employer to respond Disabilities Much like the questions surrounding physical fitness above, unless there is a direct connection to the job you are applying for, you can’t be asked about any disabilities you may Employers can hire persons based on their age if age is a reasonable and bona fide job requirement. But some questions are just a little too friendly. check over here
a) Employment agencies/search firms An employer cannot use an employment agency to hire people based on preferences related to race, sex, disability or other Code grounds. Reasonable and bona fide link to Code grounds such as age or sex: Subsection 24(1)(b) allows discrimination in employment when the grounds of age, sex, record of offences or marital status are reasonable What to ask instead: Are you willing to relocate? If the person is otherwise qualified and suitable for the job, the employer may be expected to offer the person the job and provide accommodation to the point of undue hardship
She says that this is not relevant and asks that the interview focus on her qualifications. What you can't ask: What religion do you practice? b) The hiring process must be fair An employer should aim for a fair process that focuses on each candidate’s ability to perform the essential job duties. In interviews, an employer can discuss this with the applicant.
Other than at an applicant’s request, only discuss on-the-job accommodation after making a conditional offer of employment. Religion / Creed You may not ask the potential employee about their religious affiliation or denomination, what church / mosque / synagogue they attend. You may not ask the name of their Your interviewee may think you're asking about prescription drugs, which is off-limits. Questions Employers Are Not Allowed To Ask In Canada This exception does not, however, extend to citizenship and is only permitted if membership in the protected group is reasonable and bona fide because of the nature of the job.
How long have you been in Canada? If this is used as a starting point for deciding whether candidates will be seen by senior decision-makers, this creates a major barrier to persons protected by the Code. No one wants a flaky employee, but even the most dedicated workers get sick every now and then. Again, scheduling is important, but don't risk stepping on toes to find out what you need to know.
Examples of illegal questions and how to answer: How old are you? Human Rights Interview Questions In Ontario, for example, there are three instances when citizenship is considered a BFOR and questions about citizenship can be asked during the interview process: A citizenship requirement is imposed or Advertising4. Example: Applicants for tenure track positions at a university are normally assessed according to their history of publications, research grants and teaching evaluations.
They may not be close to relatives and instead prefer to list a friend or caretaker. Rather, ask about their current situation, and they may volunteer information about their past along the way. Illegal Interview Questions Ontario Nationality Certainly, you want to be sure that a candidate can legally work for you, but it's important to be careful how you ask. Illegal Interview Questions Bc Questions about religious membership would be permitted if the job involves teaching religious values to students.
Alternately, you have to be careful about discrimination towards applicants nearing retirement. check my blog laws, these types of questions would be viewed as being contrary to the Code. What you can't ask: Were you honorably discharged from the military? Example: An employer hired only male attendants for night shifts providing care to elderly residents with disabilities that make them aggressive. Illegal Interview Questions Alberta
Sex: You may ask if a candidate has ever worked under another name. In these cases, employers can hire persons based on race, place of origin, ethnic origin. Personal - How tall are you? this content In addition to managing a team and overseeing custom program development for the client, Gary works to increase each company’s productivity and employee engagement by implementing wide range of evaluation tools
Newsletters may offer personalized content or advertisements. Human Rights Questions And Answers What you can't ask: Do you smoke or drink? How? - Do you need an accommodation to perform the job? (This question can only be asked after a job offer has been made.) - Are you able to perform the
vii) Marital status: Questions based on marital status may be asked if the organization serves a particular group of persons identified by their marital status. National origin or citizenship While it’s perfectly legal to ask whether or not someone is legally authorized to work in Canada, no other questions surrounding your country of origin or citizenship For example, if two candidates are equally qualified and the non-racialized person is selected, the organization will need to provide a non-discriminatory explanation for not hiring the racialized person if a Questions About Human Rights Violations Do you have any alternative locations where you can be reached?
July 16, 2010July 16, 2010 Share Share Related ArticlesHow Do You Prepare For Job Interviews?How To Practice And Prepare For Job InterviewsPreparing To Launch Your Career: Job Interviews 101Insurance Job Interview It is discriminatory to consider information about pardoned Criminal Code convictions and provincial offences unless an exemption applies. If, during an interview, the applicant asks for on-the-job accommodation for needs such as those relating to religion or pregnancy, these kinds of needs may be discussed at the interview stage. http://amigasuperbit.com/interview-questions/questions-you-cannot-ask-in-a-job-interview.html In these cases, employers should be very careful about assessing the candidates based on legitimate factors.
X ended up having to give the receptionist her job back upon her return from maternity leave. Not doing so may have resulted in an HRTO case. What is your race, color or ethnicity? Asking what languages the applicant speaks would be allowed if this is a bona fide job requirement. Jonathan Borrelli is your employment lawyer.
Here’s What You Need To Do. When using an employment agency or search firm, employers should make sure that the agency or firm is aware that they are an equal opportunity employer and wish to see a Age Maturity is essential for most positions, but it's important that you don't make assumptions about a candidate's maturity based on age. What to ask instead: Have you ever been convicted of "x" (fraud, theft and so on)?
So, before we get into those the questions that you simply CANNOT ask during an interview, here is some background information so that you're well-informed: In Ontario, we have the Human Rights Code, What to ask instead: Are you over the age of 18? What you can't ask: How many sick days did you take last year? An employer may grant or withhold employment or promotions from a person who is a child or parent of the employer or an employee.
Finding out about a candidate's native language may seem like a good way to find out about their fluency, but you may offend applicants that are sensitive to common assumptions about