Pre-employment job interview: the employer must ask the right questions

Employers, for the most part, are familiar with the idea of ​​an employment contract, which is a contract that an individual, an employee, makes, with limited time and remuneration, to work under the direction or control of another. person, employer. However, before signing an employment contract, there is, for both employer and employee, a pre-employment step. When we talk about pre-employment, we focus on the process of choosing a candidate, as well as asking questions during the selection interview ("job interview"). This is an important step that should not be taken lightly, since even though it is legitimate for the employer to ensure that the candidate has the skills needed to perform all the tasks that a particular job will require, he must not do his elder information in any way or ask any and all questions through his mind.

The legal framework for pre-employment employment interviews is supplemented by several rules, most important of which are Human Rights Documents and Open Documents (sections 4, 5, 16, 18.1, 18.2 and 20), Quebec Code (section 35 and 37) and the Act pertaining to the security of personal information in the private sector (sections 2, 5, 9 and 14). In fact, these provisions protect the confidentiality of a candidate by prohibiting an employer who can file, unless the employer has a strong and legitimate desire to do so, and even then, the employer can only collect the information that is necessary. or important for the purpose of the file (the purpose of finding a candidate that best fits the requirements of that position). It goes without saying that this information must be collected in a legitimate manner and with the consent of the candidate. For example, searching for Facebook, Twitter or other candidate's social accounts to "extract" more information about a candidate would be contrary to the spirit of these rules. In addition, if a candidate refuses to provide personal information, the employer cannot refuse to hire him because the candidate refused to provide such information (unless personal information is required for termination or execution of the employment contract). As a result, in the pre-employment phase, the following information may not be requested: social insurance number, date of birth, place of birth, checkpoint or bank account number. This information is generally considered "unnecessary" at the stage of evaluation of a candidate's application for a position.

The employer is guaranteed access to personal information that enables him to assess whether the candidate has the skills and qualifications required for the job. Questions about professional or practical training, work experience, qualifications and professional and personal experience are perfectly legitimate to ask. In the same way, the employer may go as far as is needed to ensure that the employee is able to fulfill adequate job responsibilities, but other questions that the employer may be tempted to ask are discriminatory, and therefore illegal. the provisions of the Bill of Rights and Releases. In fact, questions related to one of the prohibited grounds for discrimination are not allowed in the job application forms and during the pre-employment job interview. Thus, employers are not allowed to ask questions about race or skin, race and sexual orientation, pregnancy status (employer cannot discriminate against a woman because she is pregnant), marital status, age, religion, political beliefs, language (including accent ). , ethnicity, social status, disability (poor body care, wheelchair use, guide dogs, prostitutes, etc.) or any other personal character of a potential candidate. While this may seem obvious, it can sometimes be hard to ask which questions are right and which are not. In a recent decision [1], the question about the origin of the candidate's name was considered to be discriminatory. While the interview focused on the international partners of the employer, the employer asked a question that, at first, seemed innocent: "what's your last name?" However, the candidate complained to the Commission on Droits de la personne et des droits de la jeunesse («CDPDJ») and the Human Rights Court ruled against the employer, ordering him to pay the candidate $ 5,000 for moral damages.