A GUIDE TO SCREENING AND

SELECTION IN EMPLOYMENT
www.chrc-ccdp.ca

March 2007
HOW TO REACH

THE CANADIAN HUMAN

RIGHTS COMMISSION

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This document is available on the Canadian Human Rights Commission’s

website and on request in alternative formats.
© Minister of Public Works and Government Services 2007
Cat. No. HR21-21/2007E-PDF
978-0-662-45271-3
A GUIDE TO SCREENING AND
SELECTION IN EMPLOYMENT

This guide is intended primarily to help employers when they interview and hire staff — whether they are
choosing a new employee or promoting one from within the organization.

Even before the interview, employers can take steps to ensure that they have reached the widest pool of
qualified applicants.

• Remember that the application form is the employer’s calling card. Any question on the application
form that is unrelated to the job may appear discriminatory and dissuade a good prospective employee
from applying.

• Advertising in newspapers or magazines whose primary readers are women, Aboriginal people, members of
visible minority groups, people with disabilities, or gay men and lesbians, for example, also communicates
a clear message that qualified individuals from traditionally disadvantaged groups are welcome in your
organization and will be treated with respect.
 The Interview
An employment interview is conducted to learn more about the suitability of people under consideration
for a particular job. However, sometimes the information sought during interviews is not relevant to the job
being filled and may let discriminatory elements affect the selection process.

For example:

• an applicant’s place of birth seldom has anything to do with ability;

• height and weight requirements are not always accurate measures of physical strength and may act
to screen out women or some racial or ethnic groups that tend to be smaller in stature.

A skilled interviewer can properly assess a candidate without drawing out a lot of unnecessary information.
This guide identifies some of the common pitfalls in interviewing and suggests useful alternatives. Although
no employer can anticipate every possible interview situation, he or she should be sensitive to the kinds of
situations that can lead to a human rights complaint.

Interview Notes
Usually, interviewers will have copies of résumés or applications available at the interview for easy reference
or to use as the basis of interview questions. When many applicants are being interviewed, interviewers often
make notes on the résumés to help differentiate candidates.

Even though these notes may be solely for the use of the interviewer, they must not identify or differentiate
candidates according to the prohibited grounds (for example, “black woman, 45-ish” or “South Asian man”).

The CANADIAN HUMAN RIGHTS ACT

The Canadian Human Rights Act entitles all individuals to equal employment opportunities without regard
to race or colour, national or ethnic origin, religion, age, family or marital status, sex (including pregnancy or
childbirth), pardoned conviction, disability (either physical or mental or as the result of dependence on alcohol
or drugs), or sexual orientation.

Section 8 of the Act states that:

It is a discriminatory practice

(a) to use or circulate any form of application for employment, or

(b) in connection with employment or prospective employment, to publish any advertisement, or make any written
or oral inquiry

that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.

The Act covers employment under federal jurisdiction. Included are federal government departments and
agencies, Crown corporations, airlines, banks, railways, interprovincial pipelines, radio, television and telephone
companies, and transport companies that do business in more than one province.

4 | A GUIDE TO SCREENING AND SELECTION IN EMPLOYMENT

BONA FIDE Occupational Requirements
When a person’s disability, gender or other protected attribute prevents him or her from performing a job’s
essential duties, then it is not discriminatory to refuse to employ that person.

For example, a job may require a certain level of colour vision in order to be performed safely and efficiently,
thereby precluding from consideration a person who does not meet this standard. A particular skill or qualification
can be specified if the preference is based on a bona fide occupational requirement.

However, before judging whether a person can perform the essential requirements of a position, steps must be
taken to ensure that all barriers to participation for people protected under human rights law are eliminated
from selection, training and promotion standards and practices. Employers must make sure that they build
accommodation into their policies and practices as far as possible, and up to the point of undue hardship.
This will include consideration of alternative approaches to do a job so that restrictive requirements can
be eliminated.

The Canadian Human Rights Commission has detailed materials available to explain the application of
bona fide occupational requirements if you think that jobs in your organization are affected.

Special Programs and Employment Equity

The Canadian Human Rights Act allows for special programs designed to improve opportunities for groups that
have been traditionally disadvantaged because of race, ethnic origin, age, sex, disability or other prohibited
grounds of discrimination. As well, the Canadian Human Rights Commission audits employers and takes
necessary action to ensure they comply with the Employment Equity Act, which is designed to improve job
opportunities for four specific groups — women, Aboriginal people, members of visible minorities, and people
with disabilities. Many employers have found special programs helpful in achieving equality in the workplace.

Commission policy permits employers to collect the data they require to plan and support special programs,
even though the information collected may touch upon one of the prohibited grounds. However, in the event
of a complaint, the employer must be able to show that the data collected have not been used to discriminate,
either in the hiring process or later when deciding promotion opportunities.

CANADIAN HUMAN RIGHTS COMMISSION | 5

 The following offers some helpful interview guidelines for selecting job candidates.

SUBJECT AVOID ASKING PREFERRED COMMENTS

Name about name change: whether it Ask after selection if needed to

was changed by court order, check on previously held jobs
marriage, or other reason or educational credentials

for maiden name

Address for addresses outside Canada Ask place and duration of

current or recent address

Age for birth certificates, baptismal Ask applicants if they are If precise age is required for
records, or about age in general eligible to work under Canadian benefit plans or other legitimate
laws regarding age restrictions purposes, it can be determined
after selection

Sex males or females to fill in Ask applicant if the attendance During the interview or after
different applications requirements can be met selection, the applicant, for
purposes of courtesy, may be
about pregnancy, child bearing
asked which of Dr., Mr., Mrs.,
plans, or child care arrangements
Miss, or Ms. is preferred

6 | A GUIDE TO SCREENING AND SELECTION IN EMPLOYMENT

SUBJECT AVOID ASKING PREFERRED COMMENTS

Marital Status whether the applicant is single, If transfer or travel is part of Information on dependents can
married, divorced, engaged, the job, the applicant can be be determined after selection
separated, widowed, or living asked whether he or she can if necessary
common-law meet these requirements

whether the applicant's spouse Ask whether there are any

may be transferred circumstances that might prevent
completion of a minimum
about the spouse's employment
service commitment

Family Status about number of children Ask if the applicant would Contacts for emergencies
or dependents be able to work the required and/or details on dependents
hours and, where applicable, can be determined after selection
about child care arrangements
overtime

National or about birthplace, nationality Since those who are entitled Documentation of eligibility
Ethnic Origin of ancestors, spouse, or other to work in Canada must be to work (papers, visas, etc.)
relatives citizens, permanent residents, can be requested after selection
or holders of valid work permits,
whether born in Canada
applicants can be asked whether
for proof of citizenship they are legally entitled to
work in Canada

Military about military service in Inquire about Canadian military

Service other countries service where employment
preference is given to veterans
by law

CANADIAN HUMAN RIGHTS COMMISSION | 7

 SUBJECT AVOID ASKING PREFERRED COMMENTS

Language about mother tongue Ask if applicant understands, Testing or scoring applicants
reads, writes, or speaks for language proficiency is not
where language skills were
languages required for the job permitted unless job-related
obtained

Race or Colour any question related to race

or colour, including colour
of eyes, skin or hair

Photographs for photo to be attached Photos for security passes or

to applications or sent to company files can be taken
interviewer before interview after selection

Religion whether the applicant will work Explain the required work Reasonable accommodation of
a specific religious holiday shift, asking whether such a an employee's religious beliefs
schedule poses problems for is the employer's duty
about religious affiliation,
the applicant
church membership, frequency
of church attendance

for references from clergy or

religious leader

Height and No inquiry unless there is

Weight evidence they are genuine
occupational requirements

8 | A GUIDE TO SCREENING AND SELECTION IN EMPLOYMENT

SUBJECT AVOID ASKING PREFERRED COMMENTS

Disability for a list of all disabilities, The employer should:

limitations or health problems • disclose any information on
whether the applicant drinks medically related requirements
or uses drugs or standards early in the
application process
whether the applicant has
• then ask whether the applicant
ever received psychiatric care
has any condition that could
or been hospitalized for
affect his or her ability to do
emotional problems
the job, preferably during a
whether the applicant has pre-employment medical
received worker's compensation examination

A disability is only relevant to

job ability if it:
• threatens the safety or
property of others
• prevents the applicant
from safe and adequate job
performance even when
reasonable efforts are made
to accommodate the disability

Medical whether the applicant is currently Medical exams should be

Information under a physician's care conducted after selection and
only if an employee's condition
name of family doctor
is related to job duties
whether the applicant is receiving
Offers of employment can be
counselling or therapy
made conditional on successful
completion of a medical exam

CANADIAN HUMAN RIGHTS COMMISSION | 9

 SUBJECT AVOID ASKING PREFERRED COMMENTS

Pardoned whether the applicant has ever If bonding is a job requirement, Inquiries about criminal record
Conviction been convicted ask whether the applicant or convictions are discouraged
is eligible unless related to job duties
whether the applicant has ever
been arrested

whether the applicant has a

criminal record

Sexual about the applicant's Contacts for emergencies

Orientation sexual orientation and/or details on dependents
can be determined after selection

References The same restrictions that

apply to questions asked of
applicants apply when asking
for employment references

NOTES

10 | A GUIDE TO SCREENING AND SELECTION IN EMPLOYMENT