Whether it be in an attempt to respond to certain needs of the
business, to diversify their workforce or out of sincere curiosity,
some employers have found themselves in a delicate situation when
attempting to obtain information about a candidate's legal
status in Canada or about their national or ethnic origin.
This article provides a concise overview of a few recent
decisions in order to warn employers against asking certain
questions, as well as to provide practical advice as to questions
that can be asked when interviewing candidates whose status in
Canada may raise some issues.
Legal requirements or discriminatory questions
In recent years, human rights tribunals have reminded us that
almost any question relating directly or indirectly – even
remotely – to a candidate's ethnic or national origin is
discriminatory and must be avoided.
