Canadian Human Rights Commission A Guide to Screening and Selection in Employment This guide is intended to help employers when they interview or hire staff — whether they are choosing a new employee or promoting one from within the organization. An employment interview is conducted to learn more about the suitability of people under consideration for a particular job. However, sometimes the information sought on application forms or during interviews is not relevant to the job being filled and may let discriminatory elements creep into the selection process. For example: — an applicant's place of birth seldom has anything to do with ability — height and weight requirements are often not accurate measures of physi­ cal strength and may act to screen out women or some racial groups who tend to be smaller in statute A skilled interviewer will get the facts needed to proper y assess a candidate without drawing out a lot of unnecessary facts. This guide will highlight the common pitfails in interviewing and suggest useful alternatives. No guide can anticipate every interview situation but it can attempt to help the interviewer avoid the kind of interview situation that could lead to a human rights complaint The Canadian Human Rights Act Special Programs The Canadian Human Rights Act entitles all individuals to equal employment oppor­ tunities without regard to: race or colour national / ethnic origin religion age family / marital status sex (including pregnancy or childbirth) pardoned conviction disability (either physical, mental or as the result of dependence on alcohol or drugs) The Act provides for voluntary employ­ ment programs which are designed to eli­ minate long-standing disadvantages in employment for certain groups. Special programs are a good way to offset the effects of past employment practices or inequities and help the organization pro­ vide equal opportunities for all applicants or employees. Section 8 of the Act defines it this way: “It is a discriminatory practice (a) to use or circulate any form of applica­ tion for employment, or (b) in connection with employment or prospective employment, (i) to publish any advertisement, or (ii) make any written or oral inquiry that expresses or implies any limi­ tation. specification or preference based on a prohibited ground of discrimination. ” The Act covers employment in federal jurisdiction — the various federal government departments and agencies, Crown corporations, and federally-regulated industries such as the airlines, banks, railways, nterprovincial pipelines, as well as tele­ phone and transport companies that do business in more than one province. Employers preparing to establish a special program need data on the specific group that the program will effect. Programs established to increase the numbers of a specific group in the industry need to be measured effectively. For example if an employer were to try to increase the num­ ber of visible minority workers within the organization, he/she would require data on the number of visible minority members that had applied, the proportion who had been hired and the proportion in the relevant labour market. Employers are permitted to collect the data they require to plan and support spe­ cial programs, even though the informa­ tion collected may touch upon one of the prohibited grounds. However, in the event of a complaint, the onus is on the employer to show to the CHRC that such collected data has not been used to dis­ criminate, either in the hiring process or later when deciding promotion opportunités. Bona Fide Occupational Requirements If managers or supervisions require addi tional information on human rights, espe­ cially as they relate to hiring and promo tion procedures they can write or call one of our offices addresses and phone num bers are found at the end off the brochure. An exception to the Act is sometimes allowed when the abilities necessary to perform the essential job tasks are related " some way to one of the ten grounds of discrimination. A particular skill or qualificat on can be specified if the preference is based on a bona fide occupational requirement. For example, a job that requires a certain level of hearing ability in order to be done in a safe and adequate way may require that a person with a functionally limiting hearing disability could not be hired in Bona fide occupational requirements focus on a person’s actual ability — not assumptions based on a group character­ istic the CHRA has detailed materials available to expain the application of bona fide occupational requirements if :. think at jobs in your organization are affected. You can obtain these guide­ lines. contacting the Commission. Employers can seek advice and assistance on special programs or on determining their data collection needs by contacting: Canadian Human Rights Commission Systemic Discrimination Section 400-90 Sparks Street Ottawa, Ontario K1A 1E1 (613) 995-1151 The material that follows illustrates some helpful interview guidelines in the selec­ tion of job candidates. The content has no official standing as the basis of a com­ plaint or as a defence to the Canadian Human Rights Commission. Name if needed for a reference, to check on previously held jobs or on educational credentials, ask after selection about namechangewhet rit was changed by court order, marriage or other reason maiden name Christian name Address for addresses outside Age for birth certificates baptismal general Canada outside Canada and duration of current or recent addresses ask applicants if they have reached ago (minimum or maximum) for work as defined by law if precise age required for benefits plans or other legiti mate purposes it can be dolor mined after selection age of birthdate Sex any applicants can be addressed during interviews or in corres pondence without using courtesy titles such as Mr/Mrs/Miss Mr/Mrs/Miss/Ms melon or females to fill In different or coded applications if male or female on applications about pregnancy childbirth or child care arrangement includes asking if birth control Marital Statua can ask applicant if the attention of requirements or mini­ mum service commitment can be met if transfer or travel is part of the job, the applicant can be asked if this would cause a problem whether applicant is single married divorced engaged separated widowed or living whether an applicant's is subject to transfer about spouse's employment ask whether there are any known circumstances that might prevent completion of a minimum service commitment, for example information on dependents for benefits can be determined after selection Family Status number of children or dependents about arrangements for child care National or Ethnic Origin about birthplace, nationality of ancestors, spouse or other relatives whether born in Canada if naturalized or landed immi­ grants if the employer has a policy against the hiring of close rela­ tives, an applicant can be asked about kinship to other employees contacts for emergencies and/or details on dependents can be determined after selection since those who are entitled to work in Canada must be citi­ zens, landed immigrants or holders of valid work permits, applicants can be asked if they are legally entitled to work in Canada documentation of eligibility to work (ie. papers, visas, etc.) can be requested after selection for proof of citizenship Militai y Service about military service in other countries inquiry about Canadian military service where employment pre­ ference is given to veterans, by law Language mother longue ask if applicant understands, reads, writes or speaks lan­ guages which are required for job where language skills obtained testing or scoring applicants for language proficiency is not permitted unless fluency is job-related Race of Colour any inquiry which indicates race or Colour, Including colour of eyes, skin or hair colour information required for secu­ rity clearances or similar pur­ poses can be obtained after selection Photographs for photo to be attached to applications or sent to interviewer before Interview photos for security passes or company files can be taken after selection religion about religous affiliation, church membership frequency attendance employers are to reasonably accommodate religious needs of workers if applicant will work a specific religious holiday for references from clergy or Height and Weight explain the required work shifts, asking if such a sche­ dule poses problems for applicant no inquiry unless there is evi­ dence that they are bona fide occupational requirements Disability ask if applicant has any condi­ tion that could affect ability to do the job whether applicant drinks or uses drugs — threatens the safety or pro­ perty of others ask if the applicant has any condition which should be con­ — prevents the applicant from sidered in selection safe and adequate job perfor­ mance even if reasonable efforts were made to accom­ modate the disability whether applicant has ever received psychiatric care or been hospitalized for emotional problems Medical Information a disability is only relevant to job ability if it: for listing of all disabilities, limi­ tations or health problems medical exams should be prefe­ rably conducted after selection and only if an employee’s con­ dition is related to the job duties. Offers of employment can be made conditional on successful completion of a medical it currently under physician s care name of family doctor if receiving counselling or therapy Affiliations for list of club or organizational memberships membership in professional associations or occupational groups can be asked if a job requirement applicants can decline to list any affiliation that might indi­ cate a prohibited ground Pardoned Conviction whether an applicant has ever been convicted if bonding is a job requirement ask if applicant is eligible inquiries about criminal record/convictions — even those which have been pardoned are discouraged unless related to job duties if an applicant has ever been arrested does applicant have a record References criminal The same restrictions that apply to questions asked of appli­ cants apply when asking for employment references. Making 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 in order to help differentiate candidates. Even though these notes may be solely for the use of the interviewer, if they ide tify or differentiate candidates by one of the criteria of the prohibited grounds (for example “black woman. 45ish” or “East Indian man, very pleasant”) they may be seen as evidence of intent to discrimi­ nate, and could provide the basis of a complaint. National Office Regional Offices Atlantic Canadian Human Rights Commission 400 - 90 Sparks Street Ottawa, Ontario K1A 1E1 Telephone: (613) 995-1151 Visual Ear: (613) 996-5211 Office Address: 300 - 5670 Spring Garden Road Halifax, Nova Scotia B3J 1H1 Telephone: (902) 426-8380 Mailing Address: P.O. Box 3545 Halifax South Postal Station Halifax, Nova Scotia B3J 3J2 Quebec 330 - 1253 McGill College Avenue Montreal, Quebec H3B 2Y4 Telephone: (514) 283-5218 The Application Form Ontario The Canadian Human Rights Commission will review your application: or forms to ne: you ensure your forms do not inadver­ tently contravene the Act. You can get more information on th s service con­ tacting the Commission. National Capital Region 623 - 55 St. Clair Avenue East Toronto, Ontario M4T 1M2 Telephone: (416) 966-5527 Office Address: 915 - 270 Albert Street Ottawa, Ontario K1P 5G8 Telephone: (613) 996-0026 Managers are invited to get more information on the Canadian -Human Rights Act and how it affects interviewing and selec tion Contact any of the offices of the Canadian Human Rights Commission: Mailing Address: P.O. Box 2052, Station D Ottawa, Ontario K1P 5W3 Prairie 718 - 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3 Telephone: (204) 949-2189 Visual Ear: (204) 949-2882 Alberta & NWT 401 - 10506 Jasper Avenue Edmonton, Alberta T5J 2W9 Telephone: (403) 420-4040 600 - 609 West Hastings Street, Vancouver, British Columbia V6B 4Wz Telephone: (604) 666-2251 Western The Canadian Human Rights Act bans c; crimination in federal jurisdiction on me grounds of race, colour, national or et": origin, sex, religion, age, marital status. family status, pardoned conviction of disability. Disponible en français Minister of supply and service Canada 1985 Cat. No. HR21-21/1984 E ISBN O-Ô62-13€“>5 November 1984