Interviewing for a job is already stressful in itself. You do some research and prepare to talk about your skills and experience to effectively market yourself to your prospective employer, but when it comes time for the interview you might still be faced with unexpected curveballs. The ordinary stressors related to job interviews may be compounded when you’re faced with the dilemma of whether to answer a question that you don’t feel comfortable answering, such as personal questions that are unrelated to the performance of the job.
In British Columbia, human rights legislation protects people from discrimination in employment because of their protected characteristics (such as age, physical or mental disability, race and sexual orientation, among others). This would include an employer refusing to hire a person due to a protected characteristic. While employers in BC are not prohibited from asking questions that go to a person’s protected characteristics, answers to these “illegal questions” might end up having a discriminatory effect, even unintentionally. These illegal questions can catch you off guard if you aren’t ready. Knowing which questions cross the line — and how to respond professionally — can help you protect your rights without hurting your chances of getting the job.
Where is the line?
Not all questions that touch on an interviewee’s protected characteristics are necessarily discriminatory. However, employers improve their interview process — and their interviewees’ experiences — by carefully considering whether their questions are necessary or if there is another way to achieve their purpose.
Certain protected characteristics, such as family, might innocently come up in the course of small talk. However, interviewers should be wary of how they may be influenced by unconscious biases, even when they have no intention to discriminate.
Employers may also have legitimate reasons to ask about a candidate’s protected characteristic where that characteristic is relevant to the performance of a job — i.e. a bona fide occupational requirement. Where it is relevant, employers can ask questions that are centered around the requirements of a job rather than the interviewee’s personal qualities. For instance, by asking whether a candidate is physically capable of performing certain tasks of a physically demanding position instead of asking about the candidate’s physical health and ability, an employer would elicit answers that are specific to the actual demands of the job.
Navigating illegal questions
The Human Rights Code does not explicitly prohibit employers from asking questions about a candidate’s protected characteristics. However, these questions can reflect an assumption that candidates with certain protected characteristics are unsuitable for a position or cannot perform job duties effectively, and lead to employment discrimination.
If you find yourself facing questions that are potentially illegal or otherwise make you uncomfortable, you can take the following steps:
- Stay calm and professional
- Focus on job-related skills
- Redirect the conversation politely
- Consider if this reveals something about company culture
You can answer questions by focusing on your skills and qualities that pertain to the job without directly engaging with a discriminatory question. Some examples of how to answer interview questions that toe the line are as follows:
- Q: “Do you plan to have children soon?” or “Who will take care of your kids while you work?”
A: “I’m fully committed to meeting the responsibilities of this position.” - Q: “Where are you really from?” or “Is English your first language?”
“I’m qualified to work in Canada and have all the necessary language skills for this position.” - Q: “Do you have any health problems?”
A: “I’m confident that I can perform all the essential functions of this position.”
These strategies help you maintain your composure while standing up for your rights.
Understanding rights and responsibilities
Human rights protections apply to prospective employers and employees, even before an employment relationship is formed. Employees should be aware of their rights and how to navigate challenging situations when it may be difficult to stand up for themselves. Employers also play an important role in ensuring that their procedures — including from the point of recruitment— are in line with their legal responsibilities.
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