Pre-Employment Medicals and Medical Information
Neither the Ontario Human Rights Code nor the Canadian Human Rights Act specifically address the subject of employment medicals or medical related information. The Ontario Human Rights Commission has issued a policy statement on the subject in which it states:
- any questions asked of the employer on application forms or employment interviews involving medical information are considered to be improper and for a potentially discriminatory purpose;
- an employer should not request a medical examination of a job candidate until they have already made a conditional offer of employment to the individual.
While the Canadian Human Rights Commission has not taken a similar stand on this subject, employers under federal jurisdiction are well advised to adhere to the policy statements of the Ontario Human Rights Commission.
Should you require legal assistance, please email us at lawyers@grosman.com
 ...back to Discrimination Law Index
|
|
