Legal Questions to Ask In an Interview as Employer
Richard B. Johnson
You never get a second chance to make a first impression. This saying holds especially true for you as the employer when competition for top talent is increasing!
Sure; it’s tough to get to know someone over a 30 or 45-minute sit down, but there are certain questions you can ask to get the most out of that time slot.
This article will help employers with the interview process. Everything from preparation to legally-acceptable interview questions to ask during the process.
How to Conduct a Job Interview as an Employer
Hiring the right candidate starts with preparation. Outline, in as much detail, the job requirements, daily tasks, goals and KPIs. Be ready to discuss your company culture and any questions interviewees might have. Remember, you’re auditioning for them just as much as they are you.
Then, make sure you have a list of legal interview questions to ask. This means knowing what NOT to ask as well. The last thing you need is a bad impression, a complaint or worse, a lawsuit on your hands.
What Questions to Ask an Interviewee
So, now that you’re ready, what should you actually ask? You’re looking for those moments of insight when you realize this person might be your next star employee. Here are some questions designed to give you a deeper understanding of your candidates:
What is your vision for your career?
This question is a goldmine. It reveals whether the candidate’s goals align with where your company is headed. Are they here to grow with you, or are they simply passing through?
Understanding their vision helps you determine if they’re someone who could lead your team in the future or just fill a temporary gap. This insight is key to making a strategic hire that aligns with your long-term objectives.
What are three things at work that help you thrive?
This question is fantastic! On one hand, you better understand future hires and how to create an environment where they (and in the end, your organization) can be successful. On the other hand, it’s a great tool to gather information.
Say you interview 20 candidates and ask each of them this question. Now you have a database with real answers on how to make your workplace better. This will help you further develop your organizational culture and hopefully attract higher level-talent going forward.
What is the main thing that you are uniquely able to bring to a workplace?
This question is all about letting candidates stand out. It gives them a chance to showcase what makes them special. Maybe they’re a wizard at resolving conflicts or they know how to utilize new AI technology.
Whatever their unique skill, this question lets you see beyond the resume and get a sense of what truly drives them. It’s a great way to uncover hidden talents and understand how they could add something special to your team.
What Can You Not Ask During an Interview
Now, let’s switch gears. You’ve got the good questions down, but what about the ones you absolutely must avoid? Certain topics are strictly off-limits—not just because they’re impolite, but because they can land you in serious legal trouble.
Potential employees could file a Human Rights complaint if the employer is using characteristics to hire that are prohibited by the Human Rights Code such as race, religion, sex, mental or physical disability, etc.
Here’s a list of questions that you should NOT ask during an interview.
Age, Race, Religion, etc.
These topics are completely off the table. Asking about a candidate’s age, racial background, or religious beliefs isn’t just inappropriate; it’s illegal (unless, in the very, very rare circumstance such characteristics are required for the job).
Even something as seemingly harmless as “What year did you graduate?” can hint at age, which might be considered discriminatory. Stick to questions about skills and qualifications, and steer clear of anything that might tread on these sensitive areas.
Place of Origin or Ancestry
“Where are you from?” might seem like casual conversation, but under the Human Rights Code, asking about someone’s place of origin or ancestry can be discriminatory.
Employers need to avoid questions that could imply a preference or bias towards a particular nationality or ethnicity. Focus instead on whether the candidate is legally eligible to work in Canada—something that’s relevant to their job qualifications.
Family Plans & Status
Asking about a candidate’s family status, like whether they have kids or plan to, is a major red flag. It might be tempting to learn about someone’s personal life or even how it could impact their work, especially in roles that demand significant time.
However, these questions can imply that family responsibilities could affect job performance, leading to potential discrimination claims. Keep the conversation focused on their professional abilities, not their personal lives.
Gender Identity or Expression and Sexual Orientation
Questions about gender identity or expression, or someone’s sexual orientation are strictly off-limits. These are deeply personal aspects of a candidate’s life that have no bearing on their job performance. It’s crucial to foster an inclusive environment where everyone feels respected, regardless of their gender identity or expression, or their sexual orientation.
Employers should focus on creating a welcoming atmosphere and avoid any questions that could make candidates feel uncomfortable or discriminated against.
Criminal Conviction
Unless it’s directly relevant to the job, asking about criminal convictions is problematic. The question should be limited to situations where a conviction would directly impact the person’s ability to perform specific job duties.
Under certain circumstances, you CAN ask for a Criminal Record Check (CRC). The two terms are often used synonymously, so they can cause confusion. If you want to make sure you’re in the green, always consult with a lawyer beforehand.
However
It is important to note that it can be perfectly acceptable, particularly under s.42 of the Human Rights Code, to give preference to candidates that come from historically underrepresented or disadvantaged groups. While you will want to make sure that you have data to show that the preference is justified, such programs are incredibly important to ensure that opportunities are provided in a fair and just way.
Conclusion
Conducting an interview is a delicate balancing act. You want to get to know your candidates and see if they’re the right fit, but you also need to stay within legal boundaries.
By asking questions that focus on skills, experience, and job-related qualities, you’ll make better hiring decisions and protect yourself from potential legal trouble. Remember, a good interview isn’t just about finding the right person for the job—it’s about doing it the right way.