YUFA
Stewards' Information
Advisory:
Appropriate questions during the hiring process
20 Nov 03 - Hiring Committee members should be aware of the propriety of questioning candidates on certain topics, even informally. The Ontario Human Rights Code defines appropriate and inappropriate topics for questions asked of job applicants in interviews. The following summary of these rules was developed by Prof. Tom Klassen and is used in the Division of Social Sciences, York University.
Appropriate
Questions during the Hiring Process
Interviews for
faculty positions in Ontario universities must be conducted in accordance
with the provisions of the Ontario Human Rights Code.
The Code prohibits questions
during employment interviews related to the race, colour, ancestry, place
of origin, ethnic origin, creed, sex, sexual orientation, age, marital
status or family status of the applicant.
It is permissible to
ask questions about, or related to, citizenship or permanent resident
status of applicants for full-time faculty positions.
Only if an applicant
has indicated a disability – either in the letter of application or
during the interview – is it permissible to make inquiries about the
applicant’s accommodation needs. Such
questions must be asked solely with the objective of ascertaining the
applicant’s ability to perform the essential duties of the position.
OF SPECIAL
ATTENTION
Questions regarding
the following are not permissible:
-
“Canadian” experience;
-
pregnancy or child-bearing plans;
-
birth place or nationality of ancestors, spouses or other relatives; and
-
general disability topics (such as, “How did you end up in a wheelchair?”)
Employers are
obligated to offer candidates with disabilities an accommodation of their
needs for all parts of the interview process.
This includes transportation, meals, audio-visual presentation
technology and other aspects of the interview.
SELF
DISCLOSURE
York University has
an Affirmative Action Program with respect to faculty appointments
concerning women, racial/visible minorities, persons with disabilities and
aboriginal peoples. Self-identification
as a member of such a group in the application or during the interview
does not make it permissible for the applicant to be asked questions about
race, colour, ancestry, place of origin, ethnic origin or sex.
As noted above, only
if the applicant has indicated a disability – either in the letter of
application or during the interview – is it permissible to make
inquiries about the applicant’s accommodation needs.
Such questions must be asked solely with the objective of
ascertaining the applicant’s ability to perform the essential duties of
the position.
It is permissible
during an interview to refer to the university’s Affirmative Action
Program and to invite an applicant to self-identify.
If an applicant
raises matters related to race, colour, ancestry, place of origin, ethnic
origin, creed, sex, sexual orientation, age, marital status or family
status, it is not permissible to probe further.
Rather the interviewer(s) should indicate that employment decisions
are made on the applicant’s ability to do the job rather than on factors
that are unrelated to job requirements, qualifications or performance. Only when an applicant explicitly expresses a desire to
discuss such an issue is this permissible, and then with great caution and
care to avoid questions or discussion that extend beyond the ability to
perform the essential duties of the position.
NOTE
All the above
requirements are in effect during both the formal and informal (such as
lunch) components of the interview process.
As such, hiring committee members must exercise care not to
inadvertently ask questions that violate the human rights of the
applicant.
IN SUMMARY
The interview
questions must focus solely on the applicant’s ability to perform the
essential duties of the position.