 Education and Training
Resumes and More
Find a Job
Workshops
Wage Subsidy Program
How to Help Yourself
Newspapers
Telephone and Addresses
Career Professionals
Employment Insurance Benefits
|
The
Interview Game
Illegal
Questions
In short form, an illegal question
is one where the applicant is being asked to divulge information
that has
no bearing on the position applied for. An employer's questions
- whether on the job application, in the interview, or during
the testing process - must be related to the job you're applying
for. For the employer, the focus must be: "What do I need
to know to decide whether this person can perform the functions
of this job?"
You have three options if you are asked an illegal question:
- You can answer the question
- you're free to do so, if you wish. However, if you choose
to answer an illegal
question, remember that you are giving information that isn't
related to the job; in fact, you might be giving the "wrong" answer,
which could harm your chances of getting the job.
- You can refuse to answer
the question, which is well within your rights. Unfortunately,
depending on how
you phrase your refusal, you run the risk of coming off as
uncooperative or confrontational - hardly words an employer
would use to describe the "ideal" candidate.
- You can examine the question
for its intent and respond with an answer as it might apply
to the job. For
example, the interviewer asks, "Are you a Canadian citizen?" or "What
country are you from?" You've been asked an illegal question.
You could respond, however, with "I am authorized to work
in Canada." Similarly, let's say the interviewer asks "Who
is going to take care of your children when you have to travel
for the job?" You might answer, "I can meet the travel
and work schedule that this job requires."
If you cannot see the intent behind the question, then ask "Can you
tell me how this relates to my ability to fill the position?" Most (if
not all) interviewers will reword the question as it relates to the position.
Below are examples of some illegal questions and
their legal counterparts.
Inquiry Area |
Illegal
Questions |
Legal
Questions |
| National
Origin/ Citizenship |
- Are you a
Canadian citizen?
-Where were you/your parents born? -
What is your "native tongue"? |
- Are you authorized
to work in Canada?
-What language do you read/ speak/write fluently?
(This question is okay only if this ability is relevant to
the performance of the job.) |
| Age |
- How old are
you?
- When did you graduate? -
What’s your birth
date? |
- Are you between
the ages of 18 and 64? |
| Marital/Family
Status |
-
What’s
your marital status?
- Whom do you live with? - Do you plan to have a family? When? - How many kids do you have? - What are your child-care arrangements? |
- Would you
be willing to relocate if necessary?
- Would you be able and willing to travel as
needed by the job? (This question is okay if it is asked
of all applicants for the job.) - Would you be able and willing to work overtime
as necessary? (Again, this question is okay assuming it is
asked of all applicants for the job.) |
| Affiliations |
- What clubs
or social organizations do you belong to? |
- List any professional
or trade groups or other organizations that you belong
to that you consider relevant to your ability to perform
this job. |
| Personal |
- How tall are
you? How much do you weigh? (Questions about height and
weight are not acceptable unless minimum standards are
essential to the safe performance of the job.) |
- Are you able
to lift a 30kg weight and carry it 100 metres, as that
is part of the job? |
| Disabilities |
- Do you have
any disabilities?
- Please complete the following medical
history. - Have you had any recent or past illnesses
or operations? (If yes, list them and give dates when
these occurred.) - What was the date of your last physical
exam? -
How’s your family’s
health? - When did you lose your eyesight? How? - Do you need an accommodation to perform
the job? (This question can only be asked after a job
offer has been made.) |
- Are you able
to perform the essential functions of this job? (This
question is okay if the interviewer has thoroughly described
the job.)
- Can you demonstrate how you would perform
the following job-related functions? - As part of the hiring process, after a job
offer has been made, you will be required to undergo a Medical
exam. (Exam results must be kept strictly confidential, except
medical/safety personnel may be informed if emergency medical
treatment is required, and supervisors may be informed about
necessary job accommodations, based on exam results.) |
| Arrest Record |
- Have you ever
been arrested? |
- Have you ever
been convicted of __________?
(The crime named should be reasonably related
to the performance of the job in question.) |
| Sex |
- Are you male
or female? What are the names and Relationships of persons
living with you? |
- None |
| Race/Colour |
- What is your
race? What colour is your hair, eyes, or skin? |
- None |
| Religion |
- What is your
religious affiliation Or denomination? What church do
you belong to? What is the name of your pastor, minister,
or rabbi? What religious holidays do you observe? |
-
None (If you wish to know if an applicant is available
to work Saturday
or Sunday shifts, ask: "Are you available to work
on Saturdays and Sundays if needed?" Make sure you
ask this question of all applicants.) |
It is not just an individual question that is judged legal or illegal, but
the implication and intent, and whether or not the question is asked of
men as well. It is a tricky business.
Some questions may sound legal but show prejudice and stereotypical attitudes,
specifically as it relates to working women. "How many kids do you have?" is
just one example. "What are your child-care arrangements?" is another.
The underlying question actually being asked but not said out loud is: "Are
you as good a bet in which to invest time, training, and money?" And in
this case, the usual addition is "as a man would be?"
If you keep the interviewer's underlying question in mind, you will have
some guidelines on how to answer. If you want the job, then you have to answer
the
question in a way that says, "Yes, I am a good bet."
Basics
of Answering Interview Questions
Regardless of what type of question you are asked, you will find it easier
to respond effectively if you keep in mind some basic question answering strategies:
Common
Interview Questions
One of the best strategies is to review these questions, and become comfortable
discussing yourself and your related skills.
Types
of Questions
Being aware of the different types can help you in the preparation stage as
you build your skills inventory. It may also help you focus in on exactly what
is being asked and what the employer is looking for in specific questions.
Other Resources on Interviews
Top
|
Community Links 
