There are clear human rights guidelines for employment interview questions. Applicants for employment may be asked to divulge only information that has relevance to the position applied for. Employers, by law, must focus on gathering relevant information in order to decide if the applicant is able to perform the functions of the position.
Some employers erroneously believe that they have a right to ask any question they choose since they are paying the salary. Others are simply awkward in their technique and an unlawful question results. However, human rights law does not distinguish between the interviewer who is asking questions with the intent to discriminate, and the one who is just curious or inept at interviewing.
There are questions that are appropriate and questions that are illegal. You do not have to answer questions that are illegal. The Ontario Human Rights Code prohibits discrimination in employment on the grounds of:
Race
Ancestry
Place of origin
Colour
Ethnic origin
Citizenship
Creed
Sex
Sexual orientation
Age
Record of offences
Marital status
Family status
Disability
Although it is ultimately the responsibility of the interviewer to know the law, this may not always be the case. It is to your advantage to be informed on the subject.
You've done the reading and know your rights as they pertain to the interview. Now you're in the middle of one and have just been asked what is clearly an illegal question. What should you do? There is no clear-cut answer. Much depends on you.
In some cases, you may be able to answer the "hidden" question. Try to think of what information the employer is trying to elicit. Example: "Do you have or plan to have children?" may be a disguise for "Are you going to be able to work overtime?" or "Will you be requesting time off for school holidays/events?" In this example, your answer should convey your willingness to work overtime as required or make alternate child care arrangements.
You may elect to say "Why do you ask?" or "Would you explain how this point is connected to the qualifications for this job?" This may cause the employer to reconsider and/or clarify the question. This may offend some employers, but probably not the majority.
If you feel that you should not answer the question (you shouldn't have to after all) or that you are not interested in working for the company, you may state, "I don't feel obligated to answer that" or "That question is inappropriate". If you choose this option, you will either enlighten (the employer may not realize it is illegal and will be happy that you pointed it out) or offend (the employer may not consider you for the position).
Keep in mind that the vast majority of employers strive to hire the most qualified staff and do so fairly. For employers who don't play by the rules, remember that assistance is available through the Ontario Human Rights Commission office. Contact them. To access the complaint procedure, visit the OHRC Web site at http://www.ohrc.on.ca/
If you feel you have been discriminated against in any way during a job interview either within or outside of the University, please speak to staff in Co-operative Education & Career Services and inform them of your experience. You may also approach the Ombudsperson regarding the matter. You will be referred to a lawyer outside of the University if the University itself cannot handle the matter.
To continue with Step 4.4.8, click here.
