- Ontario's human rights legislation prohibits discrimination in employment, including in hiring, based on a range of protected personal characteristics.
- - [ ] Every interview question is tied to a genuine requirement of the specific job, not general curiosity about the candidate's life - [ ] Interviewers are trained on what not to ask,…
A friendly, curious interviewer can accidentally cross a legal line without ever intending to discriminate. Ontario's human rights legislation protects job applicants from being screened out — or even asked about — a wide range of personal characteristics that have nothing to do with their ability to do the job. For an Ontario employer, knowing where the boundary sits isn't just good practice; it's a real legal exposure issue if a rejected candidate later alleges the hiring decision was influenced by a protected characteristic.
This article explains, in general terms, the categories of questions Ontario employers should avoid and what to ask instead.
The Underlying Principle
Ontario's human rights legislation prohibits discrimination in employment, including in hiring, based on a range of protected personal characteristics. The safest general rule for an interviewer is this: if a question isn't directly related to the candidate's ability to perform the genuine requirements of the job, don't ask it — even if it feels like harmless small talk. Questions that touch on a protected characteristic can create legal exposure even when the employer's intentions were entirely innocent, because what matters is the effect of the question and how the hiring decision could later be perceived, not just the interviewer's stated motive.
This is a broad, fact-sensitive area of law, and the exact scope of what's protected and how it applies can vary by situation — treat the categories below as a starting orientation, not an exhaustive legal test, and get specific advice before relying on any hiring practice.
Categories of Questions to Avoid
| Topic | Why it's risky | Ask this instead |
|---|---|---|
| Age or date of birth | Age is a protected characteristic in employment | Confirm the candidate meets any genuine legal minimum age for the role, if relevant |
| Marital or family status, children, childcare plans | Family and marital status are protected; questions about children can signal bias about availability | "This role requires occasional evening work — are you able to meet that schedule?" |
| Place of origin, citizenship, or "where are you really from" | Ancestry, place of origin, and citizenship are protected characteristics | "Are you legally entitled to work in Canada for this role?" |
| Religion or creed, including religious holidays observed | Creed is a protected characteristic | "This role sometimes requires weekend availability — is that something you can accommodate?" |
| Disability, health conditions, or past workplace injuries | Disability is a protected characteristic, and questions can also raise privacy concerns | "Are you able to perform the essential duties of this role, with or without accommodation?" |
| Sex, gender identity, gender expression, or sexual orientation | All are protected characteristics with no bearing on job ability | Not applicable — there's no legitimate hiring reason to ask |
| Pregnancy or plans to have children | Tied to sex and family status protections | Not applicable — focus questions on availability and job requirements only |
| Criminal record generally | Ontario's human rights framework specifically protects against discrimination based on certain categories of past offences, and this area has technical distinctions that matter | Ask only what's legally permitted for the specific role, and only after confirming the requirement — see our companion article on background checks |
A Practical Checklist Before You Interview
- [ ] Every interview question is tied to a genuine requirement of the specific job, not general curiosity about the candidate's life
- [ ] Interviewers are trained on what not to ask, including in casual small talk before or after the formal interview
- [ ] The same core questions are asked consistently across candidates for the same role
- [ ] Accommodation needs are addressed by asking about ability to perform job duties (with accommodation, if needed) — not by asking about the underlying disability or condition directly
- [ ] Job postings themselves are reviewed for the same issues — a discriminatory posting can create exposure before an interview ever happens
- [ ] Interview notes focus on job-related answers, not personal characteristics volunteered by the candidate
If a Candidate Volunteers Protected Information
Sometimes a candidate brings up a protected characteristic unprompted — mentioning a disability, a religious observance, or family circumstances without being asked. This isn't itself a problem, but employers should be careful not to let that volunteered information influence the hiring decision, and should avoid following up with further questions on the topic beyond what's needed to address a genuine accommodation request.
Frequently asked questions
Can I ask a candidate if they're available to work weekends or evenings?
Yes — availability for the actual schedule of the role is a legitimate, job-related question. The problem arises when a question about availability is really a proxy for asking about family or childcare status, so keep it focused on the schedule itself.
Can I ask if a candidate has a valid driver's licence, if driving is part of the job?
Yes — a bona fide job requirement, applied consistently to all candidates for that role, is generally a legitimate hiring criterion.
What if a question was asked accidentally, without any discriminatory intent?
Intent isn't the whole test — what matters more is the effect of the question and whether it could be seen as connected to a hiring decision involving a protected characteristic. This is exactly why training interviewers in advance, rather than relying on good intentions in the moment, matters.
Is it safe to ask about a candidate's criminal record?
This is one of the more technical areas — Ontario's human rights framework protects against discrimination based on certain categories of past offences specifically, which is different from criminal records generally. Don't rely on a generic assumption here; see our companion article on background checks and confirm the specific rule with a lawyer before asking.
This is a corporate question
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