In Québec, in the context of a job interview, it is illegal for a recruiter to ask a candidate questions related to the candidate’s age, religion, sexual orientation, civil status or if they plan to start a family in the future.
This is because questions of this nature have no direct bearing on your qualifications or motivations as they relate to the position being interviewed for, and can be considered discriminatory.
For example, if a recruiter asks your opinion about a student protest, you may be worried about the consequences of expressing an opinion different from the recruiter’s.
If, as a candidate, you believe you’ve been asked discriminatory questions and that you’ve been harmed as a result, you have the right to file a formal complaint.
Of course, experienced recruiters tend to be very careful not to ask these kinds of questions. But during the course of your job search, it’s still possible that you may be on the receiving end of one or more discriminatory questions.
Keep in mind that a human resources employee with little experience may ask a discriminatory question in error, without any bad intentions.
For example, to break the ice at the beginning of an interview, a new recruiter may ask a candidate in all earnestness “So, how long have you lived in Québec?”
Despite the recruiter’s good intentions, this is still clearly a discriminatory question.
But as a candidate, how are you supposed to react? After all, you’re looking for a job – and if you’re really interested in the position, you don’t want to blow your chances!
To avoid going through many cases, and to keep the focus of this article simple, I’m going to focus on one example of a discriminatory question related to a candidate’s nationality. But the advice I give can be applied to any other discriminatory question as well.
Don’t mention it
To avoid leaving a bad impression with a recruiter you can choose to answer a discriminatory question normally, as if you didn’t think it was out of the ordinary. You can also respond in vague terms if the situation allows for it – for example, if you were asked for your thoughts on the student protest.
Remember, just because you didn’t call out the discriminatory question at the time doesn’t mean you can’t file a complaint after the fact. It’s easy to explain that you were surprised by the question and that you didn’t want to ruin your chances of getting the job.
If you feel that the answer you’re going to give to a discriminatory question won’t affect a recruiter’s impression of you, it’s not a bad idea to respond.
For example, if your answer to the question “How long have you lived in Québec?” is “I was born in Québec”, it would be absurd for a recruiter to reject your candidature based on this answer.
On the other hand, this doesn’t mean that you don’t have a right to feel perturbed by the question; you can file a complaint based on the fact that the recruiter was asking about your nationality in relation to your suitability for the job.
Mention it (different methods)
It’s a risky move to flat-out tell a recruiter that you think their question is discriminatory.
Doing so may well lead a recruiter to discriminate against you – not because of your nationality, but because you come off as a complicated or aggressive person, in their estimation.
They may be worried that you will constantly assert your rights in order to get what you want; they may simply decide that it’s not “clicking” with you, and that you’re not particularly sympathetic to their position.
Whenever possible, calling out a question as discriminatory should not be done in a way that could negatively impact your candidature for the position. Try to express your point of view in a diplomatic way, in order to keep things warm and convivial between you and the recruiter.
Some may choose to answer in a direct fashion: “With all due respect, I feel a bit uncomfortable answering that question in the context of an interview. Would it bother you if we moved on to the next question?”
When you answer in this fashion, try to smile and look the recruiter in the eyes. This will help the moment pass and defuse any tension.
Others may choose to answer with a bit of humor: “Can I say that in my heart, I’ve always lived in Quebec? From the day I arrived I’ve felt at home!”
The recruiter should read between the lines and understand that they shouldn’t insist on an answer to the question.
Nuances to bring
I’ve been interviewing candidates for many years, and you can bet I avoid asking discriminatory questions.
That being said, if a candidate steers me towards a delicate topic related to their personal life, I will feel invited to ask questions about it.
For example, if I ask a candidate to tell me about something they accomplished that they are proud of, and they respond that integrating into Québec society was a great feat for them because it showcased their ability to adapt, I would feel comfortable asking “How long have you lived in Québec?”
Since he chose to mention this aspect of his personal life in a professional context, and tied it to his capacity for adaptation, my question was a fair one in the context of the interview.
If there is an aspect of your personal life you don’t want a recruiter to explore, don’t bring up the subject at all.
My question could also have been fair if the position being applied for requires a particular skill or capacity related to a candidate’s personal life.
For example, if you applied for a job with an organization that helps immigrants enter the Québec job market, your personal experience as an immigrant has direct relevance to the position.
In conclusion
Discriminatory questions are a delicate subject. Ultimately, it’s each person’s decision how they choose to respond to a particular question.
Regardless of how you plan to respond, it’s always a good idea to prepare in advance for your interview so you’re not caught off-guard if a similar question is asked.
Special thanks to René Beaulieu, consultant and trainer at Rbeaulieu Consultant, for suggesting the idea for this article.
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