header-sec.jpg

tool 5.4 legal questions img2x

 The main objective of an interview is to obtain additional information in order to select the best candidate for the job. THE BEST FIT is defined by the smallest gap between candidate’s talents, on the one hand, and the job requirements and organizational culture, on the other hand.

An interviewer should ask the same questions to all candidates

  • Employers are allowed to ask questions about an applicant’s ability to perform the essential duties related to the job.

As an example:

  • During an interview for an opening for a receptionist position and after the duties, responsibilities, and job requirements have been thoroughly described, the interviewer may ask: “Do you have the ability to receive, sort, and distribute mail and deliveries?” (See 4.2 Inclusive Job Description: Receptionist or other similar questions specifically related to the essential duties of a specific job.)Many questions can only be asked AFTER the interviewer has thoroughly described the job requirements.

Same questions to all candidates

  • Employers should not ask an applicant any disability-related questions without prompting. However, if an applicant raises such an issue, the employer should be prepared to respond and indicate that it can and will accommodate the employee to the point of undue hardship.

As an example:

  • An applicant discloses that he is not able to stand or sit for extended periods of time and asks the interviewer what accommodations are available. The interviewer may ask further questions to explore possible accommodations within the workplace and further confirms the employer’s responsibility to accommodate up to the point of undue hardship. In doing so, the employer indicates a willingness to identify and implement the needed quality accommodations as it applies to all protected groups: minorities, women, aboriginals, and people with disabilities.


Bear in mind that additional specific requirements/restrictions to all protected groups may apply depending on what jurisdiction you reside in; consult a lawyer or the relevant human rights authority if you have any concerns. The law will vary from province to province. The law seeks to accommodate all stakeholders.


The phrase “undue hardship” implies that the employer has an obligation to incur at least some hardship when accommodating employees whether or not they belong to a protected group.



Disclaimer:

HIRE for TALENT has made every effort to use the most respectful words possible while writing these materials. We realize, however, that the most appropriate terminology may change over time. We developed these materials with the intent to respect the dignity and inherent rights of all individuals.

This document is provided for information purposes only. The content provided is not legal advice and should not be used or relied upon as such. Applicable law may differ from jurisdiction to jurisdiction; if you are seeking legal advice, you are advised to consult a lawyer in your province or territory.



btn download2x

FREE EMPLOYER TOOLKIT

The toolkit offers a variety of informative tools. Learn about the skills people with disabilities bring to the workplace and use our ‘how-to’ resources, that provide practical tips and strategies on successful recruitment, hiring, inclusion and retention of people with disabilities.

DISABILITY CONFIDENT PARTNERS CAN HELP YOU!

There is help to become an inclusive employer! HIRE for TALENT has a network of organizations offering services and programs designed to help your business recruit, hire, train and retain people with disabilities. After consulting the employer toolkit, call a HIRE for TALENT, Disability Confident PARTNER to find-out what services are available near you!

Contact a Disability Confident Partner

Poll

My business understands how to write a job posting to effectively recruit a person with a disability?

GET THE TOOL YOU NEED QUICKLY!

CUSTOMIZE YOUR TOOLKIT

By completing this short questionnaire, you can identify the best tools to hire and retain employees with disabilities, as well as increase your company’s performance.

Get Started

FACTS & STATS

Employers often find that workers who identify as having disabilities have unique abilities; they also tend to work harder to prove themselves.
According to employers, people with disabilities perform as well or better than other workers. These employers concluded that hiring people with disabilities did not negatively impact their businesses.
img home stats
In a national survey of consumer attitudes towards various companies, 92% of the respondents gave favourable ratings to businesses that hire people with disabilities.
98% were satisfied or very satisfied with the service they received when dealing with an employee with a disability.