Step 4.4.7: Your Rights In The Interview
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:
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Race
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Ancestry
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Place of origin
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Colour
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Ethnic origin
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Citizenship
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Creed
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Sex
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Sexual orientation
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Age
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Record of offences
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Marital status
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Family status
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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.
Ideas for Handling Illegal Questions
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).
The Ontario Human Rights Commission
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/
Ombudsperson, University of Waterloo
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.