Just because you’re curious, doesn’t mean you should ask
Legal vs. Illegal Interview Questions
Interviews are not casual conversations.
They are structured assessments and in Manitoba, they are governed by law.
Many inappropriate interview questions aren’t asked with bad intent. They’re small talk. Habit. Genuine curiousity.
But under the Human Rights Code (Manitoba), certain topics are protected grounds. And asking about them during recruitment can create legal risk, even if the question seems harmless.
If a question doesn’t directly assess someone’s ability to perform the role, it doesn’t belong in the interview.
What the law says in Manitoba
In Manitoba, interview questions are governed by The Human Rights Code. Employers cannot discriminate against individuals based on protected characteristics, including during recruitment.
Protected grounds include:
Age
Ancestry, race, or ethnic background
National origin
Religion
Family status
Marital status
Disability
Sex (including pregnancy)
Gender identity
Sexual orientation
If your question touches on one of these grounds and isn’t directly tied to a bona fide occupational requirement, you are exposing your organization to risk.
Intent does not override impact.
5 interview questions that can create legal risk (and what to ask instead)
Here are five interview mistakes, along with compliant alternatives:
Do you have kids?
Why it’s risky: Family status is a protected ground under the Human Rights Code
Ask instead: This role requires occasional evening work. Are you able to meet that schedule?
Focus on availability, not personal life.
Where are you from originally?
Why it’s risky: Ancestry and national origin are protected grounds
Ask instead: Are you legally eligible to work in Canada?
Focus on work eligibility, not background.
How old are you?
Why it’s risky: Age discrimination applies at all stages of employment, including the interview.
Ask instead: This position requires candidates to be at least 18 years old due to [legal requirement]. Do you meet that requirement?
Focus on legal requirements, not birth year.
Do you have any health issues?
Why it’s risky: Disability is a protected ground.
Ask instead: This role requires lifting up to 25 pounds. Are you able to meet the physical requirements of the position?
Focus on job demands, not diagnosis.
Do you celebrate religious holidays?
Why it’s risky: Religion is a protected ground.
Ask instead: This role requires availability during peak seasonal periods. Are you able to meet those scheduling requirements?
Focus on operational needs, not beliefs.
Why this matters (beyond compliance)
Yes, asking the wrong interview question can lead to a human rights complaint.
But it’s bigger than that.
When interviews drift into personal territory, bias creeps in. Decisions get inconsistent. And good candidates can get screened out for the wrong reasons.
Hiring should be about capability, not curiousity.
Clear criteria create better decisions. Structured questions create fairness.
Structure doesn’t make interviews cold. It makes them responsible.
Final thoughts
Interviews aren’t about knowing everything about someone.
They’re about knowing what matters for the role.
Ask with intention. Hire with integrity.
