Much ink has been spilled over a recent decision by the Public Service Commission of Canada on the topic of discriminatory interview practices, in which the commission found that the plaintiff had been discriminated against when she was denied a role due to her pregnancy. The decision serves as a cautionary tale for employers not only with regard to the types of question that may be asked during interviews, but also with regard to comments that may be made before an interview.
Employers in Quebec that wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so, following the Quebec Superior Court's recent confirmation of an arbitration decision in which an additional criterion was added to those previously established by the Court of Appeal. According to the superior court, employers must also verify whether another more suitable role is available for an employee before proceeding with termination.
Medical examinations of employees are commonly required by employers to verify a person's capacity to work. However, following the enforcement of the Genetic Non-discrimination Act, federally regulated employers can no longer require that employees undergo genetic testing or disclose the results of such testing to determine hiring and employment-related decisions. Employers that violate the act may face fines or imprisonment.