Recruitment & Hiring

It is against the law to publish job advertisements that show a preference for, or discourages, applicants based on a protected class.

Example: An ad that seeks “recent college graduates” may discourage older candidates from applying and potentially violate the law.

Hiring

An employer cannot base hiring decisions on stereotypes and assumptions about an applicant’s protected class. When interviewing candidates, it is good practice to utilize the same questions for all and ensure the questions are limited to those essential for determining qualifications. Although it is not explicitly against the law to ask questions related to protected classes, such questions may be used as evidence of an employer’s intent to discriminate unless justified by business necessity.

Questions about an applicant's membership in organizations, clubs, societies or lodges may indicate the applicant’s protected class and should be avoided.

If an applicant with a disability requires an accommodation to apply for a job, the employer is required to provide such, unless doing so would cause significant difficulty or expense to the employer.

Pre-Employment Inquiries

Employers are prohibited from making pre-offer inquiries about an applicant’s disability; however, an employer may ask if an applicant is capable of performing the essential functions of the position and whether an accommodation is needed to perform such functions. Asking for particulars of an applicant’s disability is a violation of the law. If a pre-employment test is required, the test must be related to the position and required of all applicants.

Information obtained and requested through the pre-employment process should be limited to those essential for determining an applicant’s qualifications.

Download the Commission's Guide to Pre-employment Inquiries