| Subject |
Avoid Asking |
Preferred |
Comment |
| Name |
about name change whether it was changed by court order, marriage or other reason
maiden name Christian name |
 |
if needed for a reference, to check on previously held jobs or on educational credentials, ask after selection |
| Address |
for addresses outside Canada |
ask place and duration of current or recent addresses |
 |
| Age |
for birth certificates, baptismal records, or about age in general age or birthdate
|
ask applicants if they have reached age (minimum or maximum) for work as defined by law |
if precise age required for benefits plans or other legitimate purposes it can be determined after selection |
| Sex |
Mr./Mrs./Miss/Ms. males or females to fill in different or coded applications if male or female on applications about pregnancy, childbirth or childcare arrangements; includes asking if birth control is used or child bearing plans |
can ask applicant if the attendance requirements or minimum service commitment can be met |
any applicants can be addressed during interviews or in correspondence without using courtesy titles as Mr./Mrs./Miss |
| Marital Status |
whether applicant is single married, divorced, engaged, separated, widowed or living common-law whether an applicant's spouse 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 |
if transfer or travel is part of the job, the applicant can be asked if this would cause a problem information on dependents for benefits can be determined after selection |
| Family Status |
number of children or dependents about arrangements for childcare |
if the applicant would be able to work the hours required and, where applicable, if the applicant would be able to work overtime |
contacts for emergencies and/or details on dependents can be determined after selection |
| National or Ethnic Origin |
about birthplace, nationality of ancestors, spouse or other relatives whether born in Canada if naturalized or landed immigrants for proof of citizenship |
since those who are entitled to work in Canada must be citizens, 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 |
| Military Service |
about military service in other countries |
inquiry about Canadian military service where employment preference is given to veterans, by law |
 |
| Subject |
Avoid Asking |
Preferred |
Comment |
| Language |
mother tongue where language skills obtained |
ask if applicant understands, reads, writes or speaks languages which are required for job |
testing or scoring applicants for language proficiency is not permitted unless fluency is job related |
| Race or Colour |
any inquiry which indicates race or colour, including colour of eyes, skin or hair colour |
 |
information required for security clearances or similar purposes 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 religious affiliation, church membership, frequency of church attendance if applicant will work a specific religious holiday for references from clergy or religious leader |
explain the required work shifts, asking if such a schedule poses problems for applicant |
employers are to reasonably accommodate religious needs of workers |
| Height and Weight |
 |
 |
no inquiry unless there is evidence that they are bona fide occupational requirements |
| Disability |
for listing of all disabilities, limitations or health problems whether applicant drinks or uses drugs whether the applicant has ever received psychiatric care or been hospitalized for emotional problems |
ask if applicant has any condition that could affect ability to do the job ask if the applicant has any condition which should be considered in selection |
a disability is only relevant to job ability if it:
- threatens the safety or property of others
- prevents the applicant from safe and adequate job performance even if reasonable efforts were made to accommodate the disability
|
| Medical Information |
if currently under physician's care name of family doctor if receiving counselling or therapy |
 |
medical exams should preferably be conducted after selection and only if an employee's condition is related to the job duties; offers of employment can be made conditional on successful completion of a medical |
| 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 indicate a prohibited ground |
| Pardoned Conviction |
whether an applicant has ever been convicted if an applicant has ever been arrested does applicant have a criminal record |
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 |
| References |
 |
 |
the same restrictions that apply to questions asked of applicants apply when asking for employment references |