Human Rights Issues
Employers ought not to ask in a job interview, or application form, any questions that elicit information that could be used to discriminate against an applicant, based on a protected ground. Examples of questions to typically avoid include asking for a photo, asking how many children an applicant may have, or if he or she plans to have children. Human rights jurisprudence has generally held that actual discrimination need not be established, however, the claimant will be required to establish that the protected ground adversely affected the hiring decision. The BC Human Rights Clinic has prepared an informational summary relating to pre-employment questions. The BC Human Rights Clinic acknowledges that this summary does not constitute legal advice. If your case involves these issues, legal advice from an experienced employment lawyer should be sought.
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