CharityVillage: Ontario Interview Guidelines

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Ontario: Interviewing Questions Guideline Information gathered from: Ontario Human Rights Commission Guide to the Human Rights Code Hiring? A Human Rights Guide Disclaimer: CharityVillage Ltd. has taken precautions to ensure that this information is, to the best of our knowledge, accurate. However, CharityVillage Ltd. accepts no liability for any loss or damage, consequential or otherwise, incurred in the reliance on the information provided. CharityVillage Ltd. accepts no responsibility for the accuracy, currency or completeness of the information, and expressly excludes any warranties in relation to its fitness for purpose. Readers are advised to retain competent legal counsel.
Subject	Acceptable Questions Hiring Practices	Questions to be Avoided	Acceptable After Hiring
Birthplace Ancestry Ethnic Origin or Place of Origin	Application Forms: nil (see footnotes 1 and 2). Employment Interviews: a special interest organization serving people identified by a prohibited grounds of discrimination may inquire about such status if having that status is a genuine and reasonable requirement for the job in question (see also footnotes 1 and 2).	Application Forms: inquiries which would elicit information about these or related subjects. Employment Interviews: all other inquiries.
Sex Sexual Orientation Marital Status or Family Status	Application Forms: applicant may be asked about ability to travel or relocate if informatioin is relevant to the job in question (see footnotes 1 and 2). Employment Interviews: an applicant may be asked his or her relationship to other employees if the employer has a nepotism policy regarding spouses, children or parents of the employer or an employee (see also footnotees 1, 2 and 4)	Application Forms: categories and inquiries as to height and weight, marital status, maiden or birth name, asking applicant to select one of Mr., Miss, Mrs. or Ms; children or dependents, child care arrangements, child bearing plans, pregnancy, birth control; information about spouse (e.g., is spouse subject/willing to transfer); second income; insurance beneficiaries; relationship of person to be notified in case of emergency. Employment Interviews: all other inquiries, including those prohibited on application forms., Inquiries about sex, marital status or dependents which are pertinent to an employee superannuation, pension or insurance plan.
Age (18-65)	Application Forms: 'Are you between the ages of 18 and 65?' (See footnotes 1 and 4.) Employment Interviews: if the job requires the operation of a motor vehicle, proof of a valid driver's license may be asked for during the interview (see also footnotes, 1, 2 and 4).	Application Forms: inquiries about age, date of birth, or requests for birth or baptismal records, or other documents that indicate age. Specifically, an applicant should not be asked to produce a valid driver's license or to provide a driver's licence number. Employment Interviews: all other inquiries.	The employee may be asked for proof of age, and inquiries may be made about age which are relevant to an employee superannuation, pension or insurance plan.
Race Color	Application Forms & Employment Interviews: nil (see footnotes 1 and 2).	Application Form & Employment Interviews: inquiries which would elicit information about race or color, such as physical characteristicscolor of eyes, hair; height and weight; or photographs.
Religion Creed	Application Forms & Employment Interviews: nil (see footnotes 1 and 2).	Application Forms & Employment Interviews: inquiries about religious affiliation, churches attended, religious holidays, customs observed, willingness to work on a specific reigious holiday.
Citizenship	Application Forms: 'Are you legally entitled to work in Canada?' (See footnotes 1 and 2.) Employment Interviews: inquiries may be made about Canadian citizenship if: Canadian citizenship is required by law for the particular job; Canadian citizenship or permanent-resident status is required to foster participation in cultural, educational, trade union or athletic activities by Canadians or landed immigrants; or the position is a chief or senior executive position and the organization requires the holder to be a Canadian citizen or to be domiciled in Canada with the intention to become a Canadian citizen. (See also footnotes 1 and 2 and under 'Application Forms'.) An applicant may be asked to provide proof of eligibility to work in Canada.	Application Forms: inquiries about and categories such as Canadian citizen/landed immigrant; permanent resident; native born/naturalized; date citizenship was received; citizenship of parents/spouse. Employment Interviews: see under application forms, except as noted under acceptable section of employment interviews.
Education	Application Forms: job-related inquiries such as grade/level completed; degrees/diploma/level obtained; course(s) of study. Employment Interviews: job-related inquiries designed to determine the merits of an applicant's qualifications, including verification of educational background.	Application Forms: inquiries about name and location of elementary school. Employment Interviews: inquiries designed to elicit information about any prohibited ground of discrimination.
Record of Offences (see footnote 3)	Application Forms & Employment Interviews: inquiries as to whether an applicant has ever been convicted of a criminal offence for which a pardon has not been granted; inquiries to determine whether an applicant is bondable, if this is a genuine and reasonable qualification for the job (see footnotes 1, 2 and 4).	Application Forms: inquiries as to whether an applicant has ever been convicted for any offences; has ever been arrested or charged with any offences; has ever spent time in jail. Employment Interviews: inquiries about record of offenses which are not job-related.
Handicap	Applicant Forms: nil (see footnotes 1 and 2). Employment Interviews: inquiries which are directly related to an applicant's ability to perform the essential duties of the job (see also footnotes 1 and 2). If the job requires the operation of a motor vehicle, proof of a valid driver's licence may be asked for during the interview. (See also footnotes 1, 2 and 4.)	Application Forms: inquiries about health; handicaps; physical defects; illnesses; mental disorder; impairment or retardation; medical history; learn ing disability; injuries or Workers' Compensation claims; medication; membership in Alcoholics Anonymous. Requirements that applicants undergo pre-employment medical examinations. Request for driver's license number or valid driver's license. Employment Interviews: medical examinations, or inquiries about health which are not directly related to the applicant's ability to perform the essential duties of the job, may constitute evidence of unlawful discrimination.	Genuine and reasonable inquiries about handicap that are pertinent to legitimate personnel purposes (such as superannuation, pension, disability, life insurance or other benefit plans). However, exclusion from such plans may not be used as a reason for denying employment. Medical examinations may be conducted following a conditional offer of employment, but must be restricted to determining whether the individual is capable of performing the essential duties of the job and, if necessary, what accommodation is appropriate.
References and Memberships in Organizations	Application Forms: nil (see footnote 2). Employment Interviews: nil (see footnote 2).	Application Forms: inquiries should not be made regarding memberships in organizations that might reveal any of the prohibited grounds of discrimination. Applicants should not be required to provide references that would identify religious affiliations. Employment Interviews: inquiries should not be made which would elicit information about any of the prohibited grounds (see also footnotes 1, 2 and 3).
Footnotes
1. Special Interest Organizations	A religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interest of persons identified by a prohibited ground of discrimination is allowed to give preference in employment to persons similarly identified, if the qualification is a reasonable and genuine one because of the nature of the employment. Inquiries about such affiliation may be made at the Ontario Human Rights Commission.
2 Special Programs	Employers may implement special program designed to relieve hardship or economic disadvantage or to assist disadvantaged groups to achieve equal opportunity. An employer who would like assistance in the development of such a program or who wants to know whether a proposed program meets the requirements of the Code may make application to the Commission. The Commission will then review the program and, if it meets the requirements to the Code, make a declaration to this effect. For further information, contact the nearest office of the Commission.
3. Record of Offences	'Record of offences' means a conviction for: (i) an offence under a federal statute (for example, the Criminal Code) for which an unrevoked pardon has been granted under the Criminal Records Act; or (ii) an offence under an Ontario statute (for example, the Highway Traffic Act).
4. Special Employment	In some instances, because of the nature of the employment, age, sex, record of offences or marital may be a genuine and reasonable qualification for the particular job. In such instances, inquiries with regard to the particular qualification may be made at the employment interview stage. For assistance in determining whether this exception applies, contact the nearest office of the Human Rights Commission.
Source: Used by permission of the Ontario Human Rights Commission