Navigating the hiring process

Hiring the right candidate is crucial for any business. The interview process is a vital tool for determining whether a candidate fits well with the company’s culture, values, and job requirements. However, it is essential for employers to know what questions they can legally (and ethically) ask candidates during an interview. This article will explore the key questions employers can ask prospective employees to ensure a thorough and compliant hiring process.

Asking the right questions during an interview serves multiple purposes:

• Assess skills, experience, and ability for the position. These types of inquiries help to determine if the candidate has the basis qualifications and experience for the job.
• Evaluate cultural fit. These questions are more tricky as they are intended to assess if the candidate’s values and work style align with the organization’s culture.
• Ensures a fair and defendable process. Consistency in the approach used for all candidates helps to minimize issues of bias and allegations that one candidate (or pool of candidates) was treated differently or preferred over another.

Key questions employers can ask

Work experience: Understanding a candidate’s work history is fundamental and questions that help get at this critical background include the following:

• Can you describe your previous job responsibilities?
• What were your most significant achievements in your last role?
• What challenges did you face in your previous positions, and how did you overcome them?
• It is also generally acceptable to ask why the candidate is leaving their current job.

The above questions help gauge the candidate’s experience and problem-solving abilities.

Skills and qualifications: Understanding a candidate’s skill set and qualifications is necessary for the job:

• Can you explain the skills and qualifications you have that make you a good candidate for this position?
• What specific skills do you bring to this position?
• Can you provide examples of projects where you utilized these skills?
• How do you stay updated with the latest trends and developments in your field?
• Do you have an education plan for the coming years?

The questions above help focus on the candidate’s competency as well as growth mindset.

Work style and preferences: It is also important, though potentially more precarious, to delve into the candidate’s preferences and characteristics. Doing so is possible if done with respect and appropriate parameters.

For example, the following questions can help to assess how the candidate works and if they will thrive in your work environment:

• How do you prioritize your tasks and manage deadlines?
• Do you prefer working independently or as part of a team?
• Do you enjoy a workplace that has a social component, or do you prefer to work independently and then enjoy your own social activities outside of work?

These questions provide insights into the candidate’s work habits and adaptability.

Behavioural questions: Behavioural questions are based on the premise that past behaviour is a good predictor of future performance. As such, the following questions are appropriate:

• Can you tell me about a time when you had to deal with a difficult colleague or client, and how you dealt with that situation?
• Describe a situation where you had to work under pressure. How did you manage it?
• Give an example of a goal you set and how you achieved it.
• How do you handle feedback and criticism?

These questions help understand how the candidate handles real-world situations.

Career goals: It is also important to understand whether a candidate has career aspirations, as this may be a valuable asset for your company. The following questions can assist with those inquiries:

• What are your long-term career goals?
• How does this position align with your career aspirations?

These questions ensure that the candidate’s goals align with the company’s vision.

Legal considerations when crafting interview questions (AKA what not to ask)

As alluded to above, it is important that your interview approach and questions be consistent as you meet with a pool of candidates. Otherwise, it is far too easy for preferences and bias to unintentionally slip into the process.

Furthermore, it is absolutely crucial to avoid questions that are, or could be perceived to be, discriminatory. Each jurisdiction across Canada has its own human rights legislation and protections. While they are quite similar, the BC Human Rights Code prohibits employers from discriminating against employees or potential employees on the following grounds unless they relate to a bona fide occupational requirement (see s. 13 of the code):

“Indigenous identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression…age…or…a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.”

Based on the requirements of the code, it is prudent to stay away from questions touching on the above grounds unless the job somehow requires their consideration. However, there are still some issues that some employers can’t seem to stay away from in interviews that could lead to liability. I would like to flag some of them:

• Religious and/or political ideals, views or practices.
• Questions about health and disabilities: Unless the specific job requires particular physical, mental or other requirements, don’t ask about health or medical issues. If there are bona fide occupational requirements of the position that must be present for a candidate to do the job, those can be asked about, such as “Are you able to perform the essential functions of this job with or without accommodations?” Otherwise, these questions should be avoided.
• Family status: This one is generally offside and has no bearing on most positions. Instead of delving into whether a candidate plans to have a family or their marital status, focus on their professional qualifications and availability for work.
• Sexual orientation, gender or identity: Unless these are necessary for the position, they are again offside and questions about them should be avoided.
• Past criminality: Laws vary by location but, generally, you should avoid questions about arrests unless a criminal conviction is relevant to the job. If so, then the question could be framed as follows: “Have you ever been convicted of a crime that would directly impact your ability to perform this job?” As a similar note, it was almost standard practice for some employers to pull a criminal record check for candidates for years. However, in light of human rights requirements, this should only be done where a clean criminal record is necessary for the job.

Fair, effective interview process

In summary, when you are embarking on hiring, it is important to ensure a fair and effective interview process that will involve the following features:

• Prepare and ask all candidates the same questions to ensure that you are using a standardized process.
• Focus on the job that the candidate is applying for, and the candidate’s ability to perform the job-related tasks.
• Take notes. Documenting the candidate’s responses to the interview questions can help in your decision-making process.
• Be consistent. Fairness and consistency in your process will minimize the opportunity for unintended differential treatment and bias to creep in.

Remember, the goal of the interview process is not only to find the most qualified candidate but also to create a positive experience that reflects well on your company. By adhering to best practices and legal guidelines, you can build a strong, diverse team that drives your organization’s success.

Richard B. Johnson is a co-founder and partner at Ascent Employment Law in Vancouver.