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This guide is intended primarily to help employers when they interview and hire staff — whether they are choosing a new employee or promoting one from within the organization.

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.

The Interview

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 résumés 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 résumés 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,

(a) to use or circulate any form of application for employment, or

(b) in connection with employment or prospective employment, to
publish any advertisement, or make any written or oral inquiry

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
• maiden name

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
• about pregnancy, child bearing plans, or child care arrangements

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
• whether an applicant's spouse may be transferred
• about the spouse's employment

Preferred:

• if transfer or travel is part of the job, the applicant can be asked whether he or she can meet these requirements
• ask whether there are any circumstances that might prevent completion of a minimum service commitment

Comment:

• information on dependents can be determined after selection if necessary

Subject: Family status

Avoid asking:

• number of children or dependents
• about child care arrangements

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
• whether born in Canada
• for proof of citizenship

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
• where language skills obtained

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
• about religious affiliation, church membership, frequency of church attendance
• for references from clergy or religious leader

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
• whether applicant drinks or uses drugs
• whether applicant has ever received psychiatric care or
• been hospitalized for emotional problems
• whether applicant has received worker's compensation

Comment:

The Employer should:

• disclose any information on medically-related requirements or standards early in the application process.
• then ask whether the applicant has any condition that could affect his or her ability to do the job, preferably during a pre-employment medical examination. 

A disability is only relevant to job ability if it:

• threatens the safety or property of others
• prevents the applicant from safe and adequate job performance even when reasonable efforts are made to accommodate the disability

Subject: Medical Information

Avoid asking:

• whether the applicant is currently under a physician's care
• name of family doctor
• whether receiving counselling or therapy

Comment:

• medical exams should be conducted after selection and only if an employee's condition is related to job duties
• offers of employment can be made conditional on successful completion of a medical exam

Subject: Pardoned Conviction

Avoid asking:

• whether an applicant has ever been convicted
• whether the applicant has ever been arrested
• whether the applicant has a criminal record

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

For further information

For further information or assistance, please contact one of the Commission’s regional offices in Halifax, Montréal, Toronto, Winnipeg, Edmonton or Vancouver or the national office in Ottawa.

April 1999