Personal Advancement

Burning questions

Q: Can a company ask you in an interview if you have a criminal record? What about personal questions?

SHANNON JACKSON


[ 2004-07-21 ]

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A: A company can ask if you have a criminal record for which you have not been pardoned, and you should answer honestly.

If you have achieved a pardon from any criminal conviction in your past, you can answer "no" to that question, and further explanation shouldn't be required.

If, however, you have a conviction without a pardon, you may be asked to explain the nature of the offence. It may disqualify you from the position, depending on its relevance to the job to which you are applying.

In Ontario, legislation that governs hiring allows companies to ask job candidates any question that is related to a person's ability to do the job. This is referred to as a bona fide occupational requirement.


Any questions asked in an interview should relate to the requirements of the position. A company may not ask if you have young children, but they are permitted to ask if you have obligations that may restrict your availability for unpredictable overtime.

If you have more questions about what a company can and cannot ask you, check out the Ontario Human Rights Commission Hiring Guide at www.ohrc.on.ca/english/publications/hiring-guide.shtml.

Shannon Jackson is a hiring expert, with more than seven years experience recruiting for Fortune 500 companies across Canada.

(Shannon Jackson is a hiring expert, with more than seven years experience recruiting for Fortune 500 companies across Canada.)





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