What employers can and cannot ask in an interview
Job interviews can be daunting, but knowing your rights can empower you to navigate the process confidently. In Canada, various laws protect candidates from unfair or discriminatory practices during job interviews. This article will outline what employers can and cannot ask, the tests they are allowed to administer, the documents they can request, and the scope of background and criminal checks.
Questions That Employers Can and Cannot Ask
Personal Information
Prohibited Questions: Employers are not allowed to ask questions that could lead to discrimination based on age, marital status, family plans, sexual orientation, religion, or ethnicity. For instance:
“How old are you?”
“Are you married?”
“Do you plan on having children soon?”
“What is your sexual orientation?”
“What religion do you practice?”
“What is your ethnic background?”
These questions are off-limits because they can lead to biased hiring decisions and are protected under the Ontario Human Rights Code.
Permissible Questions: Employers can ask questions that are directly related to your ability to perform the job. Examples include:
“Are you legally eligible to work in Canada?”
“Can you work flexible hours, including weekends, if required?”
“Are you able to perform the essential duties of this job with or without reasonable accommodations?”
These questions focus on your qualifications and availability, ensuring they’re relevant to the job.
Immigration and Citizenship Status
Prohibited Questions: Employers should avoid questions that pry too deeply into your immigration status or personal history that could lead to discrimination. For example:
“What is your immigration status?”
“Which visa do you have?”
“Are you a citizen of Canada?”
These questions can be discriminatory and are generally not relevant to your job qualifications.
Permissible Questions: It is acceptable for employers to verify that you are authorized to work in Canada. Examples include:
“Are you legally authorized to work in Canada?”
“Do you require sponsorship to work in Canada?”
These questions ensure you meet the legal requirements to be employed.
Previous Work Experience
Prohibited Questions: Employers should avoid asking about employment gaps in a way that might reveal information about your personal life, such as health issues or family responsibilities. Examples of inappropriate questions include:
“Why were you unemployed for a year?”
“Did you take time off work to care for a family member?”
These questions can unintentionally discriminate based on personal circumstances.
Permissible Questions: It’s acceptable to ask about your professional experience and achievements. Relevant questions include:
“Can you describe your previous job responsibilities?”
“What were your major achievements in your last role?”
“How did you handle challenges in your previous positions?”
These questions focus on your skills and contributions in past roles.
Personal Beliefs
Prohibited Questions: Questions about personal beliefs, such as political views, religious practices, or union memberships, are not allowed. Examples include:
“What political party do you support?”
“Do you observe any specific religious holidays?”
“Are you a member of any unions?”
These questions are irrelevant to your ability to perform the job and can lead to discriminatory practices.
Permissible Questions: Employers can explore your values and work ethic as they pertain to the job. Examples include:
“How do you approach ethical dilemmas at work?”
“What motivates you in your professional life?”
“How do you handle conflicts in a team setting?”
These questions help gauge your professional conduct and compatibility with the company culture.
Tests and Assessments
Navigating the world of tests and assessments during the interview process can be tricky. It's crucial to understand what types of evaluations an employer can legally administer and which ones cross the line. Here's a detailed look at what you might encounter.
Permissible Tests
Skills Tests: Employers often use skills tests to determine whether you possess the necessary abilities for the job. These tests are directly related to the job’s requirements and are generally acceptable. For example:
Typing Tests: For administrative roles, you might be asked to take a typing test to ensure you can meet the required speed and accuracy.
Coding Challenges: For software developer positions, coding challenges or technical assessments are common to evaluate your programming skills and problem-solving abilities.
Writing Samples: For positions that require strong writing skills, such as content writing or journalism, you may be asked to provide writing samples or complete a writing task during the interview.
Personality Tests: Personality assessments can be used to determine if you’re a good fit for the company’s culture or the role's demands. Common tests include:
Myers-Briggs Type Indicator (MBTI): This test categorizes your personality into 16 types to understand your working style and how you interact with others.
Big Five Personality Traits: This test assesses five major personality traits—openness, conscientiousness, extraversion, agreeableness, and neuroticism—to evaluate how well you might fit with the team and the job requirements.
These tests are permissible as long as they are used to support the hiring decision based on job-related criteria and not to discriminate.
Prohibited Tests
Medical Tests: Employers are not allowed to require medical examinations before making a job offer. These tests can only be requested after a conditional offer has been made, and they must be job-related and required for all candidates in similar roles. For example:
Pre-Offer: Asking for a full medical history or conducting a physical examination before extending a job offer is prohibited.
Post-Offer: Once a job offer is made, if the job involves physical demands, an employer can require a medical exam to ensure you can perform the essential functions of the job.
Polygraph Tests: Lie detector tests are generally prohibited in the hiring process due to their questionable reliability and potential for misuse. For instance:
Truthfulness Verification: Employers cannot ask candidates to undergo a polygraph test to verify the truthfulness of their resume or interview answers. This practice is not only invasive but also unreliable and discriminatory.
Situational Judgement Tests (SJTs)
Permissible Use: SJTs present you with hypothetical, job-related situations and ask how you would handle them. They are designed to assess your problem-solving skills, decision-making abilities, and how you might handle specific scenarios in the workplace. For example:
Customer Service Role: You might be given a scenario where a customer is unhappy with a product, and you’ll be asked how you would resolve the situation.
Management Position: You could be presented with a scenario involving team conflict and asked how you would mediate and resolve the issues.
SJTs are permissible as they provide insights into how you might perform in real-life job situations and help predict your future job performance.
Cognitive Ability Tests
Permissible Use: Cognitive ability tests measure your mental capabilities, such as logic, reasoning, memory, and problem-solving skills. These tests are often used for positions requiring strong analytical and critical thinking skills. Examples include:
Numerical Reasoning Tests: For finance or engineering roles, you might be asked to solve mathematical problems to assess your numerical aptitude.
Verbal Reasoning Tests: For roles that require strong communication skills, you might be given passages to read and asked questions to test your comprehension and verbal reasoning.
Cognitive ability tests are acceptable if they are relevant to the job and administered fairly to all candidates.
Employers use tests and assessments to evaluate your suitability for the role, but they must do so within legal boundaries. If you encounter a test that seems inappropriate or overly invasive, don’t hesitate to seek clarification or express your concerns. Knowing your rights ensures that you can navigate the interview process with confidence and integrity.
Documents That Employers Can and Cannot Request
During the interview process, employers may request various documents to verify your qualifications and legal eligibility to work. However, there are strict guidelines about what they can and cannot ask for. Understanding these can help you protect your privacy and rights.
Permissible Documents
Proof of Eligibility to Work
Social Insurance Number (SIN): Employers can ask for your SIN to confirm your legal eligibility to work in Canada. This request is typically made once you have received a job offer.
Work Permit: If you are not a Canadian citizen or permanent resident, employers may ask for your work permit to ensure you have the right to work in Canada.
Citizenship or Immigration Status: Employers can ask if you are legally authorized to work in Canada, but they should not delve into specific details about your immigration status during the interview. For example:
Permissible: “Are you legally authorized to work in Canada?”
Prohibited: “What is your immigration status?” or “Which visa do you hold?”
Educational Credentials
Employers can request copies of your diplomas, degrees, or certifications that are relevant to the job. This helps verify that you meet the educational requirements for the position. For example:
If you’re applying for a job that requires a university degree, the employer can ask for a copy of your diploma.
If the job requires specific certifications, such as a CPA for accounting roles, you may be asked to provide proof of certification.
Professional Licenses
For jobs requiring specific professional licenses (e.g., engineering, law, healthcare), employers can request proof that you hold the necessary licenses. For instance:
If you’re applying for a nursing position, you may need to provide your nursing license.
For a legal role, proof of your membership in the provincial bar association might be required.
Prohibited Documents
Medical Records
Employers cannot ask for your medical history or records during the interview process. These requests can only be made after a conditional job offer and must be job-related. For example:
Prohibited: “Do you have any medical conditions?” or “Can you provide your medical records?”
Permissible Post-Offer: After a job offer, the employer might ask for a medical examination if the job has specific physical requirements and the same request is made of all candidates for similar roles.
Personal Financial Information
Requests for credit scores or personal financial details are typically inappropriate unless the job involves significant financial responsibilities. For example:
Prohibited: “Can you provide your credit score?” or “Do you have any outstanding debts?”
Permissible: In rare cases, for positions involving high financial trust (e.g., senior financial roles), a credit check might be justifiable, but only with your explicit consent and clear relevance to the job.
Family or Personal Status Documentation
Employers should not request documents related to your marital status, children, or family responsibilities. These are irrelevant to your job performance and can lead to discrimination. For example:
Prohibited: “Can you provide proof of your marital status?” or “Do you have any dependents?”
References and Background Information
References
Employers can request professional references to verify your previous employment and performance. It is standard practice to provide the names and contact information of former supervisors or colleagues.
Example: “Can you provide three professional references?”
Background Checks
With your written consent, employers can conduct background checks to verify your employment history, education, and professional qualifications. This is often done after a conditional job offer.
Example: “We would like to conduct a background check to verify your employment history. Can you provide consent?”
Criminal Record Checks
Employers may request a criminal record check if it is relevant to the job. This request should be made after a conditional job offer and must be necessary for the role. For example:
Permissible: For positions involving vulnerable populations, financial responsibilities, or security roles, a criminal record check might be required.
Example: “As this role involves working with children, we need to conduct a criminal record check. Can you provide consent?”
While employers need to verify certain information to make informed hiring decisions, they must do so within legal boundaries. If you’re ever unsure about a document request, don’t hesitate to ask why it’s necessary and how it relates to the job. Staying informed and vigilant helps ensure a fair and respectful hiring process.
Background and Criminal Checks
Background and criminal checks are commonly used in the hiring process to ensure that candidates have the qualifications and integrity needed for the job. However, these checks are governed by specific regulations to protect your privacy and rights. Here’s a detailed guide on what you need to know.
Background Checks
Consent Required: Employers must obtain your written consent before conducting a background check. This check typically involves verifying your employment history, education, and professional qualifications. For example:
Employment History: Employers may contact your previous employers to confirm your job titles, dates of employment, and overall performance. Example: “Can we contact your former employer at XYZ Corp. to verify your employment details?”
Education Verification: Employers might verify your educational qualifications by contacting educational institutions or using verification services. Example: “We need to confirm your degree from ABC University. Can we proceed with verification?”
Scope of Checks: Background checks should be relevant to the job and performed fairly for all candidates. They should not delve into unrelated personal details. For example:
Relevant: If you’re applying for a role in financial services, checking your previous employment in similar roles is appropriate.
Irrelevant: Asking about your personal hobbies or unrelated job experiences not connected to the role should be avoided.
Transparency: Employers should be transparent about the background check process, including how your information will be used and protected. They must also provide a copy of the report if any adverse action is taken based on it. For example: “We will provide you with a copy of the background check report and a summary of your rights under the Fair Credit Reporting Act (FCRA) if we decide not to move forward based on the results.”
Criminal Record Checks
Consent Required: Similar to background checks, employers must obtain your explicit consent before conducting a criminal record check. This ensures that you’re aware and agree to the check. For example:
Consent Form: “Please sign this consent form allowing us to perform a criminal record check as part of our hiring process.”
Relevance and Timing: Criminal record checks should be relevant to the job and generally conducted after a conditional job offer is made. This prevents unnecessary discrimination and ensures that the check is pertinent to the job’s responsibilities. For example:
Relevant: For roles involving financial responsibilities, security, or working with vulnerable populations (e.g., children or elderly), a criminal record check might be justified.
Timing: The check should be performed only after you have been given a conditional offer of employment to avoid bias based on a preliminary background check.
Disclosure and Impact: If a criminal record check reveals information that impacts your application, the employer must provide you with a copy of the record and give you a chance to explain or dispute the findings. For example:
Disclosure: “We have found information in your criminal record that affects your eligibility for this position. We will provide you with a copy of the record and an opportunity to respond before making a final decision.”
Privacy and Security: Employers must handle all information obtained from criminal record checks with strict confidentiality and use it only for the purpose for which it was collected. For example:
Privacy: “All information obtained from your criminal record check will be kept confidential and used solely to assess your suitability for the role.”
Regulations and Fair Practices
Human Rights Considerations: Employers must comply with human rights legislation, ensuring that criminal record checks are not used to discriminate against candidates unfairly. For example:
Consideration: If the conviction is unrelated to the job duties, or if significant time has passed since the conviction, the employer should consider this context before making a decision.
Adverse Action: If the results of a criminal record check lead to adverse action (such as not hiring or terminating employment), the employer must follow specific procedures, including notifying you and providing an opportunity to discuss the findings. For example:
Procedure: “If the criminal record check results in an adverse decision, we will notify you in writing and provide a detailed explanation, along with an opportunity to respond before finalizing our decision.”
Knowing that you have control over consent and that your information will be handled with confidentiality can alleviate some of the stress associated with these checks. Always ask for clarification on why these checks are being conducted and how the information will be used. By staying informed, you can confidently navigate the interview process and safeguard your rights.
What to Do if an Employer Violates Your Rights in an Interview
When an employer violates your rights during an interview, it’s important to act methodically and strategically. Here’s a practical, step-by-step guide on what you can do:
Address the Issue Immediately
Politely Refuse to Answer: If you’re asked an inappropriate question, calmly refuse to answer. You might say: “I’m not comfortable discussing that topic. Can we focus on how my skills align with the job requirements?”
Redirect the Discussion: Shift the conversation back to job-relevant topics. For instance, if the interviewer veers into personal or discriminatory areas, respond with: “I’d prefer to discuss how my experience and qualifications fit the role.”
Document the Incident
Take Detailed Notes: After the interview, write down exactly what happened. Include the date, time, nature of the inappropriate question or behavior, and the names of people present.
Save Correspondence: Keep any email communications related to the interview, especially those that confirm the details or instructions for the interview.
Report Internally
Contact Human Resources: Reach out to the company’s HR department to report the incident. Provide them with your documented notes and any relevant evidence. You can use the company’s complaint or feedback system if available.
Example: Send an email to HR with a subject like “Concern Regarding Interview Conduct” and include your detailed account of the incident.
Follow Up: If you don’t receive a response within a reasonable time frame, follow up with HR to ensure your complaint is being addressed.
File a Formal Complaint
Ontario Human Rights Commission (OHRC): If the issue involves discrimination based on race, gender, disability, or other protected categories, file a complaint with the OHRC. You can do this online through their website or by contacting them directly.
Employment Standards Branch: For complaints related to employment standards or unfair treatment, contact the Employment Standards Branch for guidance on filing a complaint.
Seek Legal Advice
Consult an Employment Lawyer: Schedule a consultation with an employment lawyer to discuss your situation. They can advise you on your legal rights and potential actions you can take.
Prepare for the Consultation: Bring your documentation, notes, and any correspondence related to the incident.
Reflect on the Experience
Evaluate the Company: Consider whether you want to pursue employment with a company that has demonstrated disrespect or a lack of professionalism.
Provide Constructive Feedback: If you feel it’s appropriate, offer feedback to the employer about your experience. This can sometimes lead to improvements in their hiring practices.
Taking action when your rights are violated during an interview helps ensure that you’re treated fairly and can also contribute to improving hiring practices for others. By addressing the issue directly, documenting your experience, and using available resources, you can protect your rights and take appropriate steps toward resolution.
Conclusion
Understanding your rights during the job interview process in Canada can help you navigate it with confidence. Employers are bound by laws that protect you from discrimination and ensure a fair and equitable hiring process. By knowing what employers can and cannot ask, the types of tests they can administer, the documents they can request, and the scope of background and criminal checks, you can approach your job search informed and empowered. If you ever feel that your rights have been violated during an interview, you can seek advice from legal professionals or contact the appropriate human rights commission for assistance. Happy job hunting!
