What Questions Can/Can’t Employers Ask During Job Interview?

When applying for a job in Ontario, it’s important to know what questions employers are legally allowed to ask—and which ones go against your human rights. While employers have the right to ask about your qualifications and ability to perform the job, they cannot ask questions that discriminate against you.

This article explains what employers can and cannot ask during the hiring process and what you can do if you face discrimination.

✅ What Employers Are Allowed to Ask

Employers can ask job-related questions to assess whether you’re qualified and able to do the work. For example:

• Job qualifications and skills

  • “What experience do you have that relates to this role?”

  • “Do you have training or certifications needed for this job?”

• Licensing and legal requirements

  • “Do you have a valid driver’s licence for this delivery job?”

  • “Are you legally allowed to work in Canada?”

• Work availability

  • “Are you available to work evenings or weekends if required?”

These questions are permitted because they directly relate to the requirements of the position.

❌ What Employers Are Not Allowed to Ask

Under the Ontario Human Rights Code, employers cannot discriminate based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.

This means they generally cannot ask questions like:

• Family and personal life

  • “Do you have children or plan to have children?”

  • “Are you married?”

• Age

  • “How old are you?”

• Place of birth and ethnicity

  • “Where were you born?”

  • “What is your ethnic background?”

• Disability or health

  • “Do you have a disability?”

These questions are not job-related and can lead to discrimination.

❌ Asking for “Canadian Experience”

Employers are not supposed to ask if you have “Canadian experience” unless they can prove it’s essential for the job.

• For most jobs, it’s hard to justify that Canadian work experience is necessary.

• Employers cannot refuse to hire you just because you don’t have Canadian experience.

If an employer rejects you only because you lack Canadian experience, it may be considered discrimination, and you may have the right to file a Human Rights claim.

✅ Questions About Criminal Records

Ontario law limits what employers can ask about your criminal history:

• Employers can ask if you have been convicted of a crime for which you have not received a record suspension (pardon).

• If you’ve received a record suspension, in most cases you can legally say you do not have a criminal record.

For some jobs, an employer may require a police record check:

• If the position involves working with children, seniors, or other vulnerable people, they may ask for a vulnerable sector check.

Employers should only ask for these checks if it’s reasonable and necessary for the job.

✅ What to Do If You’re Asked an Improper Question

If an employer asks a question they should not ask, you have a few options:

• Answer it anyway (but this might not protect your rights)

• Politely tell the employer that the law doesn’t allow them to ask that question

• Refuse to answer

However, refusing to answer might affect your chances of getting the job.

If you don’t get the job after being asked inappropriate questions, and you believe it was due to discrimination, you may be able to file a Human Rights claim with the Human Rights Tribunal of Ontario.

✅ What Can the Human Rights Tribunal Do?

If the Tribunal decides an employer discriminated against you, it can order the employer to:

• Pay you financial compensation

• Offer you the job or a similar position

• Change its hiring practices to comply with human rights laws

  
  

Conclusion

In Ontario, employers can only ask questions directly related to the job. They cannot ask questions about your family, age, religion, ethnicity, disability, or other protected grounds under the Ontario Human Rights Code.

If you’re asked inappropriate questions or denied a job for discriminatory reasons, Situ Legal Services can help you:

• Assess whether you have a valid discrimination claim

• Guide you through the process of filing a Human Rights application

• Protect your rights in front of the Human Rights Tribunal of Ontario

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👉 Click here to book a confidential consultation and get professional legal help if you’ve experienced discrimination in the hiring process.