Under the Newfoundland and Labrador Human Rights Act, 2010, it is illegal for an employer to ask job interview questions about your age, marital status, family plans, religion, or sexual orientation. If you are asked discriminatory questions and denied the job, you can file a free formal complaint with the provincial Human Rights Commission within 12 months.
Searching for a new job in St. John’s, Gander, or Conception Bay South is a competitive and stressful process. When you finally land an interview, you expect to be judged solely on your professional skills, past experience, and education. Unfortunately, some hiring managers step over the legal line, asking deeply personal questions that have absolutely nothing to do with your ability to perform the job. 💰
Canadian human rights laws are extremely clear on this issue. An employer cannot use an interview to quietly screen out candidates based on protected personal characteristics. Questions like “Are you planning to have children soon?” or “What church do you attend?” are not just inappropriate small talk-they are discriminatory and illegal. Knowing how to handle these questions and report the employer can protect you and future candidates from bias. ⚖
Step-by-Step Guide to Handling Discriminatory Interviews
Facing an illegal question in the middle of a high-pressure interview requires quick thinking. Whether you are applying for a tech role in Mount Pearl or a retail position in Corner Brook, follow these strategic steps to protect your rights.
Step 1: Identify the Protected Grounds
You must quickly recognize when a question crosses the legal boundary. In Newfoundland and Labrador, protected grounds include race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability, blindness, marital status, family status, sex, sexual orientation, and gender identity. Any question attempting to uncover these details is prohibited. 🔍
Step 2: Pivot and Refocus the Conversation
If the interviewer asks an illegal question (e.g., “Do you have young kids at home?”), you do not have to answer it directly. Instead, pivot to the underlying job concern. You can politely respond: “If you are asking about my availability, I can assure you I am fully available to work the required Monday to Friday shifts.” This protects your privacy while reassuring the employer of your competence. 👤
Step 3: Document the Interview Immediately
As soon as you leave the building or close your video call, write down everything that happened. Note the exact discriminatory questions asked, the name of the interviewer, the date, and the time. Human rights cases rely heavily on evidence, and a contemporaneous written record of the conversation is a powerful legal tool for your law firm or the Commission. 📝
Step 4: File a Human Rights Complaint
If you suspect you were denied the job because of your protected characteristics, you should take action. You have the legal right to file an official discrimination complaint with the Newfoundland and Labrador Human Rights Commission. An investigator will contact the employer to demand their hiring matrix and determine if bias played a role in their decision. 🏢
How Much Does it Cost in NL?
Holding a biased employer accountable will not drain your bank account. The provincial system is built to ensure everyone has equal access to justice.
- Commission Filing Fee: Submitting an inquiry and a formal complaint to the NL Human Rights Commission is $0 CAD (Free).
- Legal Consultation: If you wish to hire a private employment lawyer to assess the strength of your case before filing, a one-hour review generally costs $200 to $400 CAD.
- Potential Compensation: If the Commission rules in your favour, they can order the employer to pay you damages for “injury to dignity, feelings, and self-respect,” which often range from $5,000 to $25,000+ CAD, plus compensation for lost wages if you missed out on the job.
How Long Does the Process Take?
You must act within strict legal deadlines. Under the Human Rights Act, 2010, you only have 12 months from the date of the discriminatory interview to file your complaint. Once you submit your paperwork, the Commission typically takes 1 to 3 months to conduct an initial assessment. If the case proceeds to a full investigation and formal hearing, the entire legal process can take anywhere from 1 to 2 years to reach a final, binding decision. ⌛
| Topic | Illegal Discriminatory Question | Legal Alternative Question |
|---|---|---|
| Family Status | “Are you married? Are you planning to get pregnant soon?” | “Are you available to travel for work occasionally?” |
| Age | “What year did you graduate high school? How old are you?” | “Are you legally entitled to work in Canada and over the age of 18?” |
| Religion | “What church do you go to? Will you need Sundays off?” | “Can you work the weekend shift requirements of this role?” |
| Disability | “Do you have any medical conditions or past workplace injuries?” | “Can you safely perform the physical requirements of this job with or without accommodation?” |
Frequently Asked Questions (FAQ)
What if the interviewer was just making friendly small talk?
Intent does not matter under human rights law. Even if the hiring manager was just trying to be friendly by asking about your marital status, injecting protected characteristics into a hiring environment is legally discriminatory because it can trigger unconscious bias.
Can an employer legally ask if I own a car?
They can only ask if you own a car if driving is a bona fide (genuine) occupational requirement of the job, such as for a delivery driver. If it is just an office job, asking about a car can indirectly discriminate against people with lower income or certain disabilities.
Do I need to hire a lawyer to file my complaint?
No, you are not legally required to have a lawyer to interact with the Newfoundland and Labrador Human Rights Commission. However, if the matter escalates to a formal Board of Inquiry hearing, having an experienced employment lawyer by your side is highly recommended.
Can the Commission actually force them to hire me?
While adjudicators theoretically have broad powers, forcing an employer to hire a candidate who sued them is extremely rare because the working relationship is already ruined. Instead, judges heavily prefer to order the employer to pay you financial compensation.
What if I lied to answer an illegal question?
If an employer asks a legally prohibited question (e.g., “Are you pregnant?”) and you answer “No” even if you are, courts generally protect the employee. An employer cannot legally fire you later for lying about a question they were never allowed to ask in the first place.
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