What Not to Ask in Interviews: Avoiding Discrimination and Protecting Your Business

What You Ask Matters: Don’t Risk a Complaint Over Small Talk

It’s easy for interviews to feel like a casual conversation, but even well-meaning questions can carry legal risks. In Alberta and across Canada, asking anything outside of compliant interview questions; such as topics related to age, religion, gender, or family status, can result in formal complaints, reputational damage, and even financial penalties.

If you’re unsure what you can and can’t ask, download our “Ask This, Not That” Interview Questions Guide for a quick overview. It includes practical examples to help you stay compliant and protect your business from avoidable risks.

So how can you stay compliant without losing that human connection? Let’s break it down.

What’s the Issue?

In an effort to “get to know” candidates, interviewers often ask personal questions without realizing the implications. But under Alberta’s Human Rights Act and the Canadian Human Rights Act, asking about a candidate’s marital status, cultural background, or health could be considered discriminatory. Even indirect questions; like “Do you have kids?” or “What year did you graduate?”, can reveal protected information and create liability. Similarly, commenting on someone’s accent or cultural background could cross the line into racial discrimination. These types of missteps are more common than many realize and entirely preventable with the right knowledge.

The cost? Not just legal fees, but also lost time, trust, and employer brand damage. Canadian tribunals have consistently ruled in favour of candidates when these boundaries are crossed, even if the interviewer had no ill intent.

What Employers Need to Know

To summarize the link above, here are the protected grounds under the Canadian Human Rights Act:

Race
National or ethnic origin
Colour
Religion
Age
Sex (including pregnancy and childbirth)
Sexual orientation
Gender identity or expression
Marital status
Family status
Disability (physical or mental)
Genetic characteristics
Conviction for an offence for which a pardon has been granted or a record suspension has been ordered
Citizenship

These are the federally protected grounds, but each province and territory may have additional protections. If you’re in Alberta, review the specific protected grounds under the Alberta Human Rights Act by clicking the link below:

bona fide occupational requirement (BFOR)

Asking questions about any of these areas; unless they meet the legal threshold of a bona fide occupational requirement (BFOR), is off-limits. These are the types of questions that may feel like small talk, but can put your organization at significant legal risk.
A BFOR must meet three criteria established by the Supreme Court of Canada:
It must be rationally connected to the performance of the job.
It must be adopted in good faith, with the belief that it is necessary to fulfill a legitimate work purpose.
It must be reasonably necessary, meaning no alternative accommodation can meet the need without causing undue hardship.
To learn more about BFORs and how to determine if a requirement qualifies, click the link below:

Read More about Bona Fide Occupational requirement

How to Stay Compliant

The good news? You don’t have to guess what’s safe to ask. Here’s how to protect both your business and your candidates:
Stick to job-related questions only.
Use a structured interview guide to ensure consistency.
Avoid assumptions based on appearance, names, or personal details.
Train all team members involved in hiring, not just HR.
Clearly understand and apply bona fide job requirements.
Offer reasonable accommodations when requested.
When in doubt, consult HR or legal before the interview begins.
Small adjustments help you stay aligned with the law while still learning what you need to know about a candidate’s fit for the role.

Download Our interviewer guide here

Final Takeaway

Interviewing is about finding the right fit, but you can do that without stepping into risky territory. The key is simple: if the question doesn’t directly relate to the role, don’t ask it. With the right tools and training, your interviews can be both effective and compliant.

Download Our Free Guide

Need help rewriting your interview questions? Use our “Ask This, Not That” Interview Guide to develop consistent, compliant interview questions every time.

Download the "Ask this, not that" Interview Guide

What Not to Ask in Interviews: Avoiding Discrimination and Protecting Your Business

What You Ask Matters: Don’t Risk a Complaint Over Small Talk

What’s the Issue?

What Employers Need to Know

bona fide occupational requirement (BFOR)

How to Stay Compliant

Final Takeaway

Download Our Free Guide

Business Information

Proudly Serving Organizations Across Canada

Stop Hiring the Résumé. Hire the Job.