Interviewing: Know Your Rights

The Human Rights Commission in each province has clear guidelines on interview questions which are prohibited and also known as ‘illegal’ questions. Laws prohibit discrimination in employment based on areas such as disability, marital status, sexual orientation, age, religious affiliation, national origin and ethnic background. The focus of the interview questions should be what the employer needs to know to decide whether you can perform the essential functions on the job.

There are exceptions to these guidelines based on special service organizations. For example, a women’s rape crisis centre is hiring counsellors and requires counsellors who are female.

The focus of the interview should be based on information the employer needs to know to decide whether you are a qualified candidate. When the employer asks questions related to prohibited areas, use discretion when responding. However, if you choose to bring up your disability at the interview, the employer may make inquiries about your accommodation needs and ability to perform the essential duties of the job.

Prohibited Questions:

• How did you become blind?
• Do you have a psychologist?
• How many sick days did you have last year? Were you hospitalized?
• Do you have any disabilities or medical conditions?
• Are you planning on starting a family?
• Where is your accent from?

Permissible Questions:

• Can you perform the essential functions of the job?
• Can you demonstrate how you would perform the following job-related function?
• Are you eligible to work in Canada?
• Can you start at 7:30 and work overtime if necessary?
• Would you be willing to relocate if necessary?

N.B. After a conditional job offer has been made, the applicant may be required to have a medical examination.


Options for responding to a prohibited question

Prohibited questions that are asked in interviews are often not intended to be offensive. An inexperienced interviewer may have not realized the question was inappropriate. If you are asked an inappropriate question, you have a few options.

1. Examine the question for intent and respond with an answer as it might apply to performing the job. For example, if you are asked if you have been sick a lot in the past, your reply may be "I’m dedicated to my work and have been recognized as doing a very thorough and satisfactory job by past employers."

2. Answer the question. You may answer the question as asked, but you may inadvertedly reveal more information than you intended. Be cautious about how much information you reveal as it may jeopardize the chances of you getting hired if you provide the ’wrong’ answer.

3. Refuse to answer the question: A strategy is to ask the interviewer how the information he/she is seeking is relevant to the position. By not answering the question, you are within your rights, but you may appear unco-operative or confrontational. It is important to be tactful with your reply as the interviewer may not have even realized that the question he/she asked was inappropriate.

For more information, visit the Ontario Human Rights Commission, Ministry of Labour or view a copy of the Employment Standards Act.