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Job Interview Questions You Cannot Ask
When conducting job interviews in Ontario, employers must be cautious not to ask questions that violate an applicant’s human rights. Employment standards and human rights legislation protect job seekers from being asked certain personal questions that could lead to discriminatory hiring practices.
This article examines the legality of interview questions, the laws that govern them, and how both employers and job applicants can safeguard themselves during the hiring process.
What Are Illegal Interview Questions in Ontario?
In Ontario, illegal job interview questions are those that touch on protected grounds under the Ontario Human Rights Code (the Code).
This includes questions about:
- Age
- Sex, gender identity, or sexual orientation
- Marital or family status
- Race, ethnicity, or place of origin
- Religion or creed
- Disability
- Citizenship or immigration status
While it’s natural for employers to want to get to know candidates, the law prohibits using certain types of personal information to inform hiring decisions.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Interview questions must comply with the Ontario Human Rights Code to ensure a fair hiring process for everyone. Whether you’re an employer aiming to stay compliant or an applicant concerned about discrimination, speaking with a lawyer can help protect your rights and prevent serious legal consequences.”
Examples of Prohibited Questions
Some common examples of illegal interview questions include:
- “Are you planning to have children soon?”
- “What year were you born?”
- “Do you need accommodation for a disability?”
- “Where are you originally from?”
- “What is your religion?”
Even if such questions seem casual or are asked in a conversational tone, they are considered discriminatory if used in the hiring process.
Governing Laws and Regulations
The Ontario Human Rights Code outlines the prohibited grounds of discrimination and applies to all stages of employment, including recruitment and the interview process.
In addition, federal privacy and employment laws may apply depending on the nature of the employer and industry. Asking about protected personal characteristics during an interview could result in a human rights complaint and legal liability for the employer.
Case Law: Nassiah v. Peel (Regional Municipality) Services Board
In Nassiah v. Peel (Regional Municipality) Services Board, 2007 HRTO 14, the Human Rights Tribunal of Ontario emphasized that interviewers must avoid any questions that could reveal information related to protected grounds unless the information is demonstrably necessary for the role.
In that case, discriminatory remarks and questions during the hiring process were found to have negatively impacted the candidate’s opportunity, resulting in an award for damages.
This ruling highlights the importance of training hiring staff on appropriate interview conduct and respecting applicant privacy.
Why These Questions Are Off-Limits
Illegal interview questions are problematic because they can introduce bias, consciously or unconsciously, into the hiring process. Discrimination in hiring not only violates the OHRC but also undermines equity in the workplace.
Employers are only permitted to ask questions directly related to the bona fide (genuine) requirements of the position. For example, instead of asking if a candidate has a disability, an employer may ask:
- “Are you able to perform the essential duties of this position with or without accommodation?”
This ensures that hiring decisions are based on qualifications and merit, rather than assumptions or stereotypes.
Protecting Your Rights as a Job Applicant
If you’re asked a question during an interview that makes you uncomfortable or seems inappropriate, you have the right not to answer. Applicants can politely decline or ask how the question relates to the role. If the issue persists or if the discriminatory questioning affects the hiring outcome, you may have grounds for a human rights complaint.
How to Respond to Inappropriate Questions
Here are a few ways to respond:
- “I’m not sure how that relates to the role, could you clarify?”
- “I prefer to keep that private, if that’s alright.”
- “I’d be happy to talk about how my skills fit the requirements of this position.”
If you’re unsure about whether a question was appropriate, speaking with a discrimination lawyer can help you assess your options.
Employers: How to Avoid Legal Risk During Hiring
Employers must ensure that anyone involved in recruitment is trained on human rights and employment law. Even well-intentioned questions can become liabilities if they infringe on an applicant’s protected rights.
Best Practices for Employers
- Stick to job-related questions.
- Use structured interviews to maintain consistency.
- Avoid small talk that could lead to personal territory.
- Keep detailed notes focused on qualifications, not personal characteristics.
- Consult legal counsel or HR professionals when designing interview templates.
Employers should also review their application forms and internal processes to ensure compliance with Ontario’s human rights standards.
Case Example: Kartuzova v. HMA Pharmacy Ltd., 2012 HRTO 328
In Kartuzova v. HMA Pharmacy Ltd., 2012 HRTO 328, a job candidate was asked personal questions during a job interview, including inquiries about her family and marital status. The Human Rights Tribunal of Ontario found that these questions were discriminatory under the Ontario Human Rights Code, even though they were posed informally.
The Tribunal determined that such questions could influence hiring decisions and contribute to discriminatory treatment. As a result, the applicant was awarded compensation for injury to dignity, feelings, and self-respect.
This case serves as a clear warning to organizations: even unintentional violations can have serious legal consequences. Employers must ensure that interview questions remain focused on the applicant’s qualifications and suitability for the role, without delving into personal characteristics protected by law, such as family status.
How Discrimination Lawyers Can Help
If you’ve been asked inappropriate interview questions and suspect that your rights were violated, seeking legal advice from an employment lawyer can help you manage your options.
How Lawyers Assist in These Cases:
- Case Evaluation: Assess whether illegal questions were asked and whether they influenced the hiring outcome.
- Filing Complaints: Help file a human rights complaint with the Human Rights Tribunal of Ontario.
- Negotiation: Assist in negotiating resolutions or settlements.
- Representation: Represent you in proceedings if the matter escalates.
Whether you’re an applicant or an employer, legal guidance is key to ensuring interviews are conducted lawfully and fairly.
Conclusion
Interview questions in Ontario must comply with the Ontario Human Rights Code to ensure fair and equal treatment of all applicants. Whether you’re applying for a job or conducting interviews, knowing which questions are illegal can help prevent discrimination and protect everyone’s rights.
If you believe your rights were violated during a job interview, speaking to an employment lawyer is a smart step toward understanding your legal options and holding employers accountable.
Contact Achkar Law
If you’ve faced inappropriate questions during a job interview or believe you were denied employment based on discriminatory reasons, our experienced team at Achkar Law can help.
We assist both employers and job applicants with addressing Ontario’s complex employment laws. Contact us today to speak with an employment discrimination lawyer and ensure your rights are protected at every stage of the hiring process.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©