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Discrimination Law

The Employment Interview

Questions asked by the employer in the course of an employment interview must be carefully structured and directed primarily to the individual's qualifications and suitability for the position of employment.

For example, inquiries may be made regarding Canadian citizenship if:

  1. citizenship is required by law for the particular position,
  2. citizenship or permanent residency is required for participation in a trade union or other form of activity, or
  3. the position requires the holder to be a Canadian citizen or domiciled in Canada with the intention of becoming a citizen.

A person may be asked to verify their educational background at the employment interview. In addition, inquiries that are related to an applicant's ability to perform a job are permitted. However, information relating to a person's sex, sexual orientation, marital status, family status or age, for purposes of pension insurance or benefit plans, may only be requested after the person is hired.

Should you require legal assistance, please email us at lawyers@grosman.com


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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.