Frequently asked questions
Hiring and employment - Employees and people looking for work
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Can an employer refuse to hire me because I have previous convictions?
As a rule, you cannot be denied a job, dismissed or otherwise penalized in employment simply because you have a previous conviction or have been in trouble with the law.
There are certain exceptions that depend on the skills or qualifications required for the job. An employer can perform a background check to ensure that a person has not been convicted of an offence that is connected to the position. In such a case, the employer must demonstrate the connection between the offence and the position using objective facts - not impressions, assumptions or opinions.
- Example: You have been convicted of dangerous driving, and are applying for a truck driving position. In this case, the employer may withdraw the offer of employment.
Important! You cannot be denied a job, dismissed or otherwise penalized if you have obtained a pardon, even if your conviction is connected to the position. -
Can an organization refuse to hire someone with a previous conviction because it has a zero-tolerance policy?
No. Zero-tolerance for previous convictions, or requiring employees to have a clean record, does not comply with the Charter of Human Rights and Freedoms.
Section 18.2 of the Charter prohibits discrimination in employment (which includes hiring) on the basis of a previous conviction, if the offence is in no way connected to the employment or if the person has obtained a pardon.
This means that employers can refuse to hire someone with a previous conviction only if they can demonstrate that the conviction is connected to the duties or qualifications required for the job. Remember that if the person has obtained a pardon, they are protected against employment discrimination under section 18.2 of the Charter, even if their conviction is connected to the position.
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Do I have to speak French at work?
Employers can require employees to speak French in carrying out their duties if the position requires it, such as for customer service or working with other employees. Your employer can require you to comply with this obligation.
That said, you may speak languages other than French in interactions that are not related to your duties, such as during your break. Your employer cannot prevent your from doing so: you have the right to freedom of expression, and this right is protected by the Charter of Human Rights and Freedoms.
The Charter prohibits discrimination on the basis of language, including in employment. Language includes an individual’s mother tongue, the language they speak at home, and their usual language of communication. For example, an employer cannot refuse to hire someone who speaks French with an accent.
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Does my employer have to adjust my schedule when I return from parental leave?
No. Employers do not have to help you balance your work and family responsibilities. Family status is not a prohibited ground of discrimination under the Québec Charter. Note, however, that family status is a prohibited ground of discrimination under the Canadian Charter, which applies to federal organizations.
Unlike family status, civil status is a prohibited ground of discrimination under the Québec Charter. This includes protection against discrimination because you have children. For example, the courts have found that allowing biological parents to take more time off work than adoptive parents is discriminatory. This means that they could also consider it discriminatory to deny someone another right because they have children. That said, they did not extend the concept of civil status (as opposed to family status) to parents who were unavailable for work because they had to take care of their child.
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Can my employer ban tattoos, piercings, beards or certain hair styles at work?
No. Your appearance is part of your private life, your freedom of expression and your right to physical integrity, all of which are protected by the Charter of Human Rights and Freedoms.
Employers cannot regulate their employees’ appearance unless it is harmful to their business. If this is the case, they must demonstrate it, and must be able to justify this violation of your right to privacy, freedom of expression and physical integrity.
For example, an employer may successfully demonstrate that, when performing certain tasks, a nurse has to cover his beard for health reasons.
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Can my employer require me to disclose that I use medical cannabis and to provide a medical certificate attesting to my ability to work?
Not generally. Doing so would violate your equality rights and your right to privacy, and could also lead to prejudice or bias against you. It would be to treat you differently from other employees who also use medication, but do not have to disclose this to their employer.
Medical cannabis is considered a means to palliate a disability under the Charter.
That said, there are exceptions for high-risk jobs, which in some cases justify having employees complete a medical questionnaire or undergo a medical examination.
Learn more:
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Is it discriminatory if a contest, a call for projects or a job offer is open only to a specific category of people (for example, women, Aboriginal peoples, religious groups, etc.)?
Possibly.
The Charter protects job seekers against discriminatory hiring practices. This same protection may also apply to selecting people to participate in contests or calls for projects.
As a rule, the Charter prohibits hiring discrimination on the basis of any of the prohibited grounds. But under section 20, there are some exceptions. Section 20 outlines situations that are not considered discriminatory, even though they involve hiring people on the basis of their personal characteristics:
- The specific skills or qualifications required for the job:
In this case, employers must prove:
- the connection between that skill and the duties of the position
- that someone without this characteristic could not perform the task (for example, halal butchers or spiritual care workers)
- The employer is a non-profit institution or an institution devoted exclusively to the well-being of an ethnic group:
Learn more about discrimination in hiring:
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Can I be asked on an employment application whether I am a woman, an Aboriginal person, a person with a disability, a member of an ethnic minority or a visible minority?
Yes. Some public bodies and private companies require this information for their equal access employment programs. Asking these questions is therefore permitted under the Charter. Any information you provide is confidential.
Learn more about equal access employment programs (French only)
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Can an employer dismiss an employee who discloses that they are pregnant in their first week of work?
No. The Charter of Human Rights and Freedoms prohibits all discrimination on the basis of pregnancy, including in employment. Employers cannot dismiss someone because they are pregnant.
- Learn more about pregnancy as a prohibited ground
- The Recruitment without Discrimination campaign (French only)
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I think I saw a discriminatory job offer. Can I file a complaint?
A job offer might be discriminatory if it excludes people on the basis of any of the 14 personal characteristics that are prohibited grounds for discrimination under the Charter, such as skin colour, sex, disability, age or ethnic or national origin.
You can file a complaint if you are actively looking for a job and you see an offer that excludes you (prevents you from applying) on the basis of any of the prohibited grounds for discrimination under the Charter.
You cannot file a complaint if you are not personally affected by the job offer in question.
Do you know someone who was directly affected by a discriminatory job offer? Suggest that they file a complaint with the Commission.
You can also take action by raising awareness with the employer who posted the offer. For example, you can send the employer the link to our Recruitment without Discrimination campaign (French only) to make them aware of their obligations.
The Recruitment without Discrimination campaign (French only)