What CAN'T I ask in a job interview?

Job interview questions should adhere to certain legal guidelines to ensure fairness and avoid discrimination. The Human Rights Code prohibits questions that could potentially lead to discrimination or bias based on protected characteristics. Here are some topics and questions that you should generally avoid during a job interview (but don't worry so much that it distracts you from getting the information you do need!):

1. Race, Ethnicity, and Nationality: You cannot ask questions about a candidate's racial or ethnic background, their nationality, or questions related to their accent or language proficiency, unless language skills are a legitimate requirement for the job.

2. Gender and Sexual Orientation: Questions about a candidate's gender identity, sexual orientation, or personal relationships are deemed inappropriate and discriminatory. And in the end, does it really matter?

3. Marital or Family Status: You cannot ask about a candidate's marital status, family planning, or whether they have children. This can be challenging to avoid when you are in the 'small talk' phase of the interview, or if the candidate volunteers the information themselves.

4. Age: Asking a candidate's age or date of birth is generally not allowed, except for positions where minimum age requirements are legally necessary, such as serving alcohol.

5. Disability and Health: It is illegal to ask questions about a candidate's disability or medical history. You can only inquire about a candidate's ability to perform specific job-related tasks, you can frame these questions by asking if they require any accommodations to any of the foundational duties or responsibilities.

6. Religion: You should not ask questions about a candidate's religious beliefs, practices, or affiliations, as it could lead to a discrimination claim if they are not successful and believe this contributed.

7. Financial Situation: Avoid questions about a candidate's financial situation, credit history, or bankruptcy. There is actually new legislation forthcoming in BC that explicitly prohibits this question altogether.

8. Arrest or Criminal Record: In most cases, you cannot ask about an individual's arrest record or criminal history unless it directly relates to the job requirements or legal restrictions; for example, if they will be working with or around vulnerable populations (children, elderly, infirmed), or handling large sums of money.

9. Political Affiliations: It is generally inappropriate to ask about a candidate's political affiliations or beliefs, as this has no bearing on their ability to perform the job. File this under "small talk to avoid, part 2."

A safe way to ask about things like childcare arrangements, accommodations to medical issues, etc., would be to frame it as follows, "will you require any accommodations to the duties, responsibilities, or schedule, outlined in the job ad and this interview?" If the candidate fails to disclose the need for accommodation at this point, and raises it later, it may be grounds for a frustration of contract. Remember, you do have a duty to accommodate, and not make hiring decision based on them sharing this information, but if you don't ask in advance of a job offer and they disclose this at a later point, your hands are tied.

Remember, the focus of a job interview should be on assessing a candidate's qualifications, skills, and experience relevant to the job. It is important to ask questions that are directly related to the requirements and responsibilities of the position to ensure fairness and avoid potential discrimination.

#interviewtips #whatnottoask #humanrights