Job seeking in Canada can be a thrilling prospect, particularly for newcomers who have recently arrived. Securing a job interview is a significant milestone, and it holds even more importance when you’re on a tight budget or responsible for supporting others financially. It’s a crucial step in establishing your career and financial stability in your new Canadian life.
Newcomers searching for employment in Canada often place themselves in a vulnerable situation, which can lead to the inadvertent neglect of their job-seeking rights. It’s essential, however, to understand that knowing and asserting your rights is crucial for your long-term prospects. By actively being aware of your rights and ensuring their enforcement, you can uncover more favorable employment opportunities.
In Canada, each province and territory has a dedicated office responsible for overseeing labor and employment laws. These offices have a mandate to follow the guidelines outlined in the Canada Human Rights Act, underscoring the significance of ensuring that your rights are upheld throughout the job search and hiring process.
Discrimination is prohibited for employers
In Canada, the Human Rights Act establishes that individuals cannot face discrimination based on their race, place of origin, ethnic origin, religion, sexual orientation, age, marital and family status, disability, or financial situation.
An effective way to avoid discrimination while job hunting is to ensure that you do not include any personal information on your resume such as your age, marital status, living arrangements or a photograph. In Canada, resumes typically do not include these details. Employers are expected to assess candidates solely based on their professional qualifications, including work experience and educational background.
In a job interview, the interviewer should only pose questions that are relevant to the position being interviewed for. The Ontario Human Rights Commission recommends that before starting interviews, companies should make a list of questions and the desired answers and rank candidates accordingly to limit bias and discrimination.
Job seeking in Canada – Examples of questions that are not legally permissible
Guidelines about questions that employers are not allowed to ask candidates during the employment process are provided by the Canadian Human Rights Commission. In addition, it provides employers with alternate methods for obtaining relevant data in a way that complies with the law. These recommendations help to guarantee that the hiring process respects job candidates’ rights and privacy while also abiding by anti-discrimination legislation.
Citizenship
In the initial stages of the hiring process, it is impermissible for a prospective employer to inquire about your Canadian citizenship status, birthplace, or native language. However, they are well within their rights to ask whether you possess authorization to work in Canada. Additionally, employers can inquire about your proficiency in a second language, provided it is relevant to the job. This ensures that the interview process adheres to anti-discrimination laws while still allowing employers to ascertain your eligibility to work in Canada and language skills necessary for the position.
Age
Further, they cannot ask you your age or your birthday. In some countries, including this information on a resume is normal but omitting it can help avoid creating bias. The only thing the employer needs to know is that you are of legal age to work. They can do this by asking if you are between the ages of 18-64.
Questions about your health
Employers are not allowed to inquire about your weight, height, or health during the job interview process. This prohibition includes questions related to physical or mental disabilities. Instead, they are obligated to make every reasonable effort to accommodate candidates to ensure a fair and unbiased evaluation. A suitable alternative approach for employers is to outline the essential job tasks and inquire if candidates can perform them and, if necessary, how they would accomplish those tasks. This ensures that the interview process focuses on the candidate’s ability to fulfill the job requirements. Simultaneously, it upholds anti-discrimination and accommodation laws, promoting fairness and equality in hiring.
Inquiries related to your family or marital status
It is highly inappropriate for an interviewer to pose questions about a candidate’s marital status, their living arrangements, whether they have children and the number of children, or their childcare plans. Such inquiries can potentially lead to discrimination based on gender or sexual orientation, which is a violation of anti-discrimination laws.
From a business perspective, the key concern is that employees meet their scheduled work hours and any required overtime. Candidates are not required to divulge specifics about their family responsibilities; they merely need to confirm their availability for work.
Furthermore, it’s not mandatory for a potential employee to disclose a pregnancy during the hiring process. And they cannot be denied employment if they demonstrate they are the most qualified candidate. Even after being hired, employment laws protect a candidate from termination or layoff due to their pregnancy when they disclose it.
Question about your religion
At a job interview, it is illegal for an employer to inquire about your religion or beliefs. Likewise, they cannot seek information regarding your potential need for time off related to religious holidays. They might, however, inquire as to whether you are available to work on particular days of the week or at particular times. Crucially, candidates are protected in their rights to privacy and religious freedom. They are not obligated to provide an explanation for their availability or lack thereof. This method centers on the candidate’s availability for work without delving into personal religious matters. It ensures that the interview process remains in compliance with anti-discrimination regulations.
Managing inappropriate questions in interviews
You have a few options for responding to an improper or unlawful question that comes up during an interview. Refusing to respond is perfectly acceptable. Kindly convey your unease with the inquiry and contemplate inquiring about the relevance of the data to the role. Employers will frequently respect your boundaries and change the subject. But this strategy could cause some conflict and, in rare cases, hurt your chances of landing the job.
Alternatively, you can choose to deflect the question. For instance, if an interviewer inquires about your place of origin or nationality, you can seize the opportunity to highlight any international experience that could benefit the employer, turning the conversation into a more productive discussion of your qualifications. This approach helps you maintain a positive tone in the interview while emphasizing your professional attributes.
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