Read more about inclusive recruitment
You should be interested in inclusive recruitment – Here’s why!
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During a recruitment interview, it’s essential to ask the right questions in order to assess the skills and suitability of candidates for the position to be filled. However, to avoid discrimination, it is equally essential to ensure that these questions respect the principle of equality, as stipulated in the Charter of Human Rights and Freedoms.
The Charter protects individuals against discrimination on 14 grounds, and the Commission des droits de la personne et de la jeunesse (CDPDJ) ensures that these principles are respected in the recruitment process. Grounds for discrimination include gender identity, sexual orientation, marital status, age, religion, ethnic origin, disability and many others. It’s crucial to remember that, while some questions may seem innocuous or informal, they can, in fact, breach the Charter by constituting a form of indirect discrimination.
The dangers of asking illegal questions
It’s surprisingly easy to ask illegal questions, and therefore be at risk of discrimination, without realizing it. For example, a question like “Do you have children? or ‘Where were you born?’ may seem harmless in an informal setting, but it violates the applicant’s fundamental rights. This kind of question undermines the applicant’s dignity by reducing him or her to a personal criterion irrelevant to the job requirements.
It is therefore essential to be familiar with the 14 prohibited grounds for discrimination, and to ensure that the questions asked during the interview relate exclusively to the person’s experience, skills and ability to fulfill the requirements of the position.
A sword of Damocles for candidates
Whether to lighten the mood, break the ice or get to know the candidate, the mere fact of asking a question related to a ground of discrimination is a priori contrary to section 18.1 of the Charter.
If an employer asks a candidate about any of these fourteen grounds for discrimination, that person will have three possible avenues:
- Keep quiet
- Lie
- Telling the truth
In any case, she loses out. If, for example, the candidate discloses her pregnancy, she gives up a fundamental right. If she says nothing, she gives the employer the wrong impression. And if she lies, she risks living with a sword of Damocles hanging over her head, since if the employer realizes that there has been an incomplete or false declaration, dismissal for breach of trust may be tempting.
Risks for employers
Asking illegal or discriminatory questions during the recruitment process exposes the employer to several risks, both legal and reputational. Firstly, there is a direct risk of legal sanctions. Indeed, the Charter of Human Rights and Freedoms guarantees protection against discrimination, and an employer who breaches these principles can be sued by a candidate or by a competent body. This can result in fines, compensation and, in some cases, lengthy and costly legal proceedings.
In addition to the legal risks, employers can face serious reputational consequences. A recruitment process perceived as discriminatory can damage the company’s image and tarnish its attractiveness to talent. Potential candidates, particularly those from under-represented groups, may be deterred from applying if the company is perceived as non-inclusive. A poor reputation can also affect relationships with customers and business partners, who increasingly favor organizations that respect the principles of diversity and inclusion.
How can I ensure that my recruitment process is inclusive and non-discriminatory?
We’re here to help!
Among our various services focusing on recruitment, we can:
- Analyze your process from A to Z and provide you with specific recommendations;
- Review your application forms and questions;
- Help you create a standardized evaluation grid or revise your existing interview questions;
- Offer you comprehensive training on the steps involved in inclusive recruitment to empower your organization!
Want to find out more? Contact us
Photo from Linda Eller-Shein from Pexels
