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Dear Joanna,
I’m in shock. I just came back from an interview for a position as a customer service/order desk clerk. The interviewer asked me if I had a disability and what it was? I learned from my Reena job coach that this is an illegal interview questions. I am so turned off, but I really want to work and this is the perfect job opportunity for me. How do I handle illegal job interview questions like this one?
Signed – Illegal Experience
Dear Illegal,
Oh dear! That is a very concerning employer and interview! I will refer to this excellent article on this topic https://resources.biginterview.com/interviews-101/illegal-interview-questions/ as well as other advice from employment lawyers over the years.
Start with understanding the Ontario Human Rights code, http://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/5-interviewing-and-making-hiring-decisions and Federal and provincial laws such as the Employment Standards Act https://www.labour.gov.on.ca/english/es/pubs/guide/. Questions should be job-related and not used to find out personal information. It is a meeting situation when the interviewer should be focused on the candidate’s qualifications, skills and experience and the job requirements needed for the particular position.
Further, lawyers warn managers to steer clear of topics related to the grounds of discrimination (disability, sexual orientation, marital status, race) and advise interviewers to focus on the following areas in an interview: Knowledge and Skills, Talents, Strengths and Weaknesses, Prior Work Experiences, and Character and Competencies.
For the job seekers who are being interviewed and asked these illegal questions, it is recommended that they examine the intent and concerns behind the question without compromising your rights. If it seems that the interviewer is worried about your ability to do the job and may have biases about hiring people with disabilities, it is important to reinforce your strengths and what you bring to the job – focus on your commitment to the job, your ABILITIES and how you will excel as an employee.
When asked a question that is considered inappropriate or illegal, you have a few options in how to respond:
1. You can answer the question
2. You can refuse to answer the question, which is well within your rights.
3. You can examine the question for its intent and respond with an answer as it might apply to the job.
4. You can ask “Can you please tell me how this is related to my ability to fill the position?” Most (if not all) interviewers will reword the question as it relates to the position.
Here is a suggested response to an inappropriate or illegal question. You can review the above article if you would like more information on this matter.
WHAT IS YOUR DISABILITY? Consider: is there a legitimate requirement of the job that may be impacted by a physical restriction? If not, do not feel compelled to answer. If you choose to, mention (if it is true) that, you are committed to your career, and exceeding your employer’s expectations. Reiterate how you can help the employer with his/her business. Emphasize your relevant skills, qualifications and accomplishments in your past professional or volunteer experiences.
My other question to you is why would you want to work for an employer like this?
Signed,
Joanna
To submit your questions and comments to this column IN CONFIDENCE, please email jsamuels@reena.org