Most employers don’t intend to break the law during interviews, but it happens all the time.
In Ontario, asking the wrong question can expose your business to:
- Human rights complaints
- compensation awards
- reputational damage
- unnecessary legal costs
The risk is not just what you do with the answer, it’s the question itself.
This article explains what employers in Ontario cannot ask in interviews, and how to avoid creating legal exposure.
Reviewing Your Hiring Process?
One Question Can Create Legal Risk
Even well-intentioned interview questions can violate Ontario’s Human Rights Code. Get clarity before it becomes a problem.
Call 1-800-771-7882
What questions are illegal in Ontario?
Under the Ontario Human Rights Code, employers cannot ask questions tied to protected grounds.
These include:
- Age
- Race, ethnicity, or place of origin
- Religion or creed
- Sex, gender identity, or sexual orientation
- Marital or family status
- Disability or medical history
- Pregnancy or plans to have children
- Citizenship (beyond legal work eligibility)
If a question relates to any of these areas, it can create legal risk, even if no discrimination was intended.
Why the question alone matters
Employers often assume:
“It’s fine as long as we don’t use the information.”
That’s wrong.
The act of asking the question can be enough to support a claim.
Tribunals consider whether:
- the question was asked
- it relates to protected characteristics
- it could influence hiring decisions
Think It Was Just Small Talk?
That’s Where Employers Get Into Trouble
Casual or conversational questions are one of the most common sources of human rights claims. Train your team before it becomes a liability.
Call 1-800-771-7882
Common high-risk questions
Employers frequently get into trouble by asking:
- “Are you planning to have children?”
- “Where are you originally from?”
- “Do you have any health issues?”
- “Are you married?”
- “What religion do you practice?”
Even if asked casually, these can be seen as discriminatory.
What you can ask instead
The safest approach is to focus strictly on job-related requirements.
Examples:
Instead of:
“Do you have a disability?”
Ask:
“Can you perform the essential duties of this role, with or without accommodation?”
Instead of:
“Do you have kids?”
Ask:
“Are you able to meet the scheduling requirements of this position?”
Focus on ability, availability, and qualifications, not personal characteristics.
Real risk: human rights claims
Candidates can file complaints with the:
Human Rights Tribunal of Ontario
Potential consequences include:
- compensation awards
- damages for injury to dignity
- legal costs and time exposure
Even defending a claim can be costly and disruptive.
Where employers go wrong
Common mistakes include:
- informal or conversational interviews
- untrained hiring managers
- inconsistent questioning across candidates
- lack of documentation
- trying to “get to know the person” instead of assessing the role
Best practices for ontario employers
To reduce risk:
- use structured interview questions
- train all hiring managers
- focus on job-related criteria only
- avoid personal or unrelated topics
- document hiring decisions clearly
Final takeaway
Interview questions are a legal compliance issue, not just a hiring tool.
If your questions touch on protected characteristics, even unintentionally, your organization may be exposed to:
- human rights claims
- financial liability
- reputational damage
Protect Your Organization Before Issues Arise
Don’t Let Hiring Mistakes Become Legal Problems
A properly structured interview process reduces risk and protects your organization. Get guidance before problems develop.
Call Toll-free: 1-800-771-7882
Questions related to protected grounds such as age, religion, disability, or family status.
No. These questions are considered discriminatory under the Human Rights Code.
If the question relates to protected characteristics, it can create legal risk.
They may face a human rights complaint and potential compensation claims.
By using structured, job-related questions and training hiring staff.
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The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
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