Interview without Discriminating

Discrimination and Human Rights Legislation

Whether you are operating in Canada, United States or elsewhere you must be aware of the applicable laws against discrimination when hiring. In this section, the information and examples are based on the laws in Canada. This is not intended to be legal counsel, as the training programs that help employers prevent discrimination and ensure compliance can be extensive and beyond the scope of this document. However, in this section I will focus on the common issues that come up in a job interview. It will be assumed that you are familiar with the applicable discrimination laws that govern your company. As such, I will look at common questions that typically should be avoided and provide best practice alternatives.

Not only does anti-discrimination practices apply to you but it is a wise idea to see if your client has been provided the necessary training to hire within the human rights. Since if your client asks your candidate an inappropriate question, it will not only create a bad impression for your company but it may also open you up to legal action.

If you are in doubt or have any question, seek advice from your local labour lawyer or contact the appropriate government department for advice. It is important that you find out which legislation your company falls under (federal, provincial, state) to ensure you meet compliance. In Canada, most employers fall under provincial legislation but some are under federal jurisdiction and can depend on a variety of factors like industry, whether or not your company provides a interprovincial/international services, and so on. For example, Canadian Banks, Telecom, and Railway fall under federal legislation. The key is to seek advice and get the right information to ensure compliance and prevent complaints.

Don’t Ask	Best Practice	Situation
How old are you?	This job requires you to be 19 or over to be able to perform it’s duties. Are you able to meet this requirement?	Example, you need to hire a bartender and you are unsure how old the applicant is.
Are you married? Do you have kids? Do you go to church on Sundays?	This work involves shift work and overtime when necessary. Are you able to meet this requirement? Are there any circumstances that would prevent you from meeting these requirements? This job will require you to travel 30% of the time, will you be able to meet this requirement? Are there any circumstances that would prevent you from meeting these requirements?	Example, you need to hire for a position that works weekends, evenings, overtime and travels.
Do you have any physical and/or mental health problems?	This job requires lifting of up to 40 lbs. Can you meet these requirements? Will this pose a problem for you? Do you have any condition that could affect your ability to do the job?	Example hiring for a warehouse position.

In Canada for more information, contact your government human rights officer or visit the Human Rights website.

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