Employment Interviews and Application Forms in New Brunswick

This guide lists some of the questions that may, or may not, legally be asked on employment application forms or during job interviews by employers in New Brunswick. It applies only to employers under provincial jurisdiction, and only before hiring.

This publication of the New Brunswick Human Rights Commission is intended as a convenient source of general information about human rights in the province of New Brunswick in Canada. It is not a legal interpretation. This Web page is up-to-date as of April 1, 2005.

	Important background information
	Specific questions that are prohibited

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Background Information

The New Brunswick Human Rights Act states that no employer, employer's organization, employment agency or person acting on their behalf may discriminate against any individual in regard to hiring, continued employment, or any term or condition of employment on the basis of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sex, sexual orienataion, social condition and political belief or activity.

In particular, subsection 3(4) of the Act states that job applicants may not be asked questions, orally or in writing, concerning any of the above personal characteristics. It only applies before hiring.

Please note that inquiries that are usually unlawful may nevertheless be allowed if they concern the "bona fide occupational qualifications" for the job (see our guideline on BFOQ's) or if they are a component of an employment equity plan (see our guideline on special programmes).

While this Web page applies to the great majority of employers operating in New Brunswick, please note that it does not apply to employers engaged in federally regulated activities, such as broadcasting, telecommunications, banking, railways, ships and airlines. They are subject to the Canadian Human Rights Act, which has somewhat different requirements. To find out about those requirements, see the Canadian Human Rights Commission's website.

For more information about the application of the New Brunswick Human Rights Act to this issue, please contact us.

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Specific Pre-Employment Inquiries

name
address
age
birthplace, ancestry, national origin
disabilities
education
height and weight
marital status
medical exams

memberships
photograph
political belief or activity
race or colour
relatives
religion
sex or sexual orientation
social condition
work schedule

1. Name

Lawful:

Name used in previous employment and/or education (for purposes of reference check).

Unlawful:

Inquiry about maiden name, Christian name or origin of name.
Inquiry about previous name where it has been changed by court order or otherwise.

2. Address

Lawful:

Inquiry into place and length of current and previous addresses in Canada.

Unlawful:

Inquiry into foreign addresses which would indicate national origin.

3. Age

Lawful:

Inquiry whether applicant has attained legal working age.
Inquiry whether applicant has attained retirement age specified by a "bona fide retirement or pension plan," according to subsection (6) of the Human Rights Act.

Unlawful:

Applicant's specific age.
Require birth certificate or baptismal record.

4. Birthplace, ancestry, place of origin, national origin

Lawful:

Request birth certificate after hiring.
Inquiry whether applicant is legally entitled to work in Canada

Unlawful:

Request birth certificate or baptismal certificate.
Any inquiry into place of birth of applicant.
Inquiry about place of birth of parents, grandparents or spouse.
Inquiry about mother tongue.
Other inquiry into national origin.

5. Disabilities

Lawful:

Only if a requirement to not have the disability in question is a "bona fide occupational qualifications" according to subsection 3(5) of the Human Rights Act or is allowed under subsection 3(7) of the Act.

Unlawful:

Inquiry about any physical or mental disabilities, health problems, hospitalisation, therapy, or previous injuries.
Inquiry whether applicant has experienced previous work injuries or made a claim to the Workplace Health, Safety and Compensation Commission (Worker's Compensation) about an injury.

6. Education

Lawful:

Inquiry about academic, professional or vocational schools attended.
Inquiry about language skills, such as reading and writing specified languages.

Unlawful:

Inquiry specifically about the nationality, racial or religious affiliation of a school.
Inquiry as to mother tongue.

7. Height and weight

Lawful:

Describe job duties requiring lifting or other physical job requirements.

Unlawful:

Inquiry about height and weight and minimum/maximum height and weight restrictions.

8. Marital status

Lawful:

"Are you willing to travel or be transferred to other areas of the province or country?"

Unlawful:

Mr/Mrs/Miss/Ms
Inquiry whether applicant is single, married, remarried, engaged, divorced, separated, widowed or living common-law.
Inquiry about an applicant's spouse, e.g. "Is spouse subject to transfer?"

9. Medical exams

Lawful:

May be required after offer of employment

Unlawful:

Require applicants to take a medical exam prior to a formal job offer.

10. Memberships

Lawful:

Inquiry about membership in professional or trade associations.
Inquiry about memberships with provision "You may omit organisations which would indicate your religion, race, ethnic origin, etc."

Unlawful:

Specific inquiry into clubs and organisations which would indicate race, colour, religion, sex, sexual orientation, marital status, physical disability, mental disability, place of origin, national origin, ancestry or age.

11. Photograph

Lawful:

After hiring, for identification purposes.

Unlawful:

Request photograph before hiring.

12. Political belief or activity

Unlawful:

Inquiry about political beliefs or activity in an application or interview.
Asking an applicant’s references about their political affiliation or activity.

13. Race or colour

Unlawful:

Any inquiry which would indicate race, colour or complexion.

14. Relatives

Lawful:

Inquiry after hiring into name and address of person to be notified in case of emergency.

Unlawful:

Inquiry about name and address of closest relative.

15. Religion, creed

Unlawful:

Any inquiry to indicate or identify religious denomination or customs.
Request pastor's recommendation or reference.
Inquiry about willingness to work any particular religious holiday.

16. Sex or sexual orientation

Unlawful:

Mr/Mrs/Miss/Ms
Inquiry regarding the sex or sexual orientation of the applicant.
Inquiry whether applicant is pregnant, breast feeding a child, using birth control or has future childbearing plans.

17. Social condition

Unlawful:

Inquiry whether applicant has ever received income assistance.
Asking an applicant’s references about whether the applicant is receiving a worker’s compensation pension.

18. Work schedule

Lawful:

Inquiry after hiring to determine when leave-of-absence might be required for religious holidays.

Unlawful:

Inquiry about willingness to work any particular religious holiday.

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