Hiring discrimination: what the Quebec Charter says
"Ages 25 to 40", "ideal for a strong young man", "date of birth required": three lines an employer might think harmless in a posting or application form, and that Quebec's Charter of human rights and freedoms prohibits. The Quebec rule is stricter than many people think: at hiring, even asking the question can be a violation. Here is what the Charter protects, what an employer may require, the rules on language and your recourses if you think you were screened out.
The 14 grounds protected by section 10
Section 10 of Quebec's Charter of human rights and freedoms guarantees every person full and equal exercise of their rights, without distinction, exclusion or preference based on any of the following grounds:
- race, colour, ethnic or national origin;
- sex, gender identity or expression, pregnancy, sexual orientation;
- civil status;
- age, except as provided by law;
- religion, political convictions;
- language;
- social condition;
- a handicap or the use of any means to palliate a handicap.
Discrimination exists when such a distinction has the effect of nullifying or impairing that right. The key word is "effect": a rule that looks neutral can be discriminatory if, in practice, it screens out people from a protected group. The employer's intention does not change the analysis.
Two clarifications. Criminal records are not on this list; they have their own section (18.2, below). And these protections cover employment: if you are wondering whether your working relationship is that of an employee or a self-employed worker, the criteria are explained in Employee or self-employed? The criteria that matter in Quebec.
At hiring: what sections 16 and 18.1 cover
Section 16 prohibits discrimination in hiring, but also in apprenticeship, the length of the probationary period, training, promotion, transfer, relocation, layoff, suspension, dismissal and working conditions. Hiring is just the entry point of a protection that lasts throughout the job.
Section 18.1 goes further, and it is the one that surprises most employers: it prohibits asking, on a job application form or in an interview, for information about the section 10 grounds. According to the Commission des droits de la personne et des droits de la jeunesse (CDPDJ), Quebec's human rights commission, the question alone can be a violation, even if it had no effect on the decision and even if it was asked in good faith, to "break the ice". Two exceptions: the information is useful to apply section 20 (the job's requirements) or an existing equal access employment program.
The CDPDJ's guide on section 18.1 suggests alternatives. Applied to service trades:
| Question to avoid | What can be asked instead |
|---|---|
| "What is your date of birth?" | "Are you of legal working age?" (proof of age can be requested after hiring) |
| "Do you have children? Who looks after them while you work?" | "Are you available for the evening and weekend shifts this job requires?" |
| "Where were you born?" or "Do you have Canadian experience?" | "Are you legally entitled to work in Canada?" |
| "What is your mother tongue?" | "Can you understand, speak, read or write the languages the job requires?" |
| "Do you own or rent your home?" | "Could you have access to a car if the job requires it?" |
| Photo attached to the resume, social insurance number, driver's licence number | Ask after hiring, for identification and payroll |
Bona fide job requirements (section 20)
Requiring something from a candidate is not prohibited in itself. Section 20 provides that a distinction based on the aptitudes or qualifications required for a job is deemed non-discriminatory. The requirement still has to be genuinely tied to the work: according to the CDPDJ, the employer must show that the information requested is needed for a purpose rationally connected to performing the job in question.
The difference often comes down to wording. Describe the task, not the type of person:
| Risky wording | Work-related wording |
|---|---|
| "Ideal for a fit young man" | "Handling furniture and boxes, standing all day" |
| "Ages 25 to 40" | No mention of age; specify the schedule and tasks instead |
| "Must be in perfect health" | "Work at heights on roofs, with a harness" |
| "Must own a car" (unrelated to the job) | "Travel between clients; valid Class 5 driver's licence required" |
Health calls for particular care. Pre-hiring medical questions are presumed discriminatory; they must be rationally connected to the essential duties and reasonably necessary. The CDPDJ suggests the least intrusive route: limit the assessment to the selected candidates, for instance through a conditional offer. A person cannot be dismissed for a false answer to a health question the employer was not allowed to ask.
Language requirements in a job posting
Language is a section 10 ground, but at work, the Charter of the French language sets most of the rules. Since June 1, 2022, its section 46 prohibits an employer from requiring, to obtain or keep a position, knowledge of a language other than French, or a specific level of that language, unless the duties require it. Even then, the employer must first have taken all reasonable means to avoid the requirement.
Section 46.1 spells out those means. The employer must have:
- assessed the actual language needs of the duties;
- confirmed that the language skills already required of other staff are not enough;
- restricted as much as possible the number of positions involving those duties.
And when it does require another language, it must state the reasons for the requirement in the job posting. Example: a chalet maintenance company in the Laurentians whose owners partly speak only English can justify English for the position that deals with them; it will have a harder time justifying it for every cleaner if a single person handles communication with those clients.
The recourse is separate from the human rights Charter: a non-unionized person who believes they were subject to a prohibited practice can file a complaint with the CNESST within 45 days of the practice. A complaint can also be filed with the Office québécois de la langue française.
Criminal records: what section 18.2 says
A criminal record is not a section 10 ground, so an employer may ask about it. What it may not do, under section 18.2, is dismiss, refuse to hire or otherwise penalize a person solely because they were convicted of a penal or criminal offence, if the offence is unconnected with the job or if the person has obtained a pardon for it.
Everything therefore depends on the connection to the job, which is assessed case by case. Two examples to understand the logic:
- for a delivery driver position, a recent conviction related to driving a vehicle may be connected to the duties;
- for a landscaping job, an old offence unrelated to the work or to access to clients is unlikely to be.
On the candidate side, the CDPDJ points out a nuance: if the question is asked, you must answer honestly, including for a pardoned conviction, unless the question expressly excludes it. Leaving out a conviction may be treated as a false statement. The best strategy is often to explain the facts briefly and show they have no connection to the position. For a specific case, a lawyer or the CDPDJ can inform you.
If you think you were screened out: your recourses
Start by documenting, the same day: a copy or screenshot of the job posting, the date, the company's name, the questions asked in the interview, any messages received.
The main recourse is a complaint to the CDPDJ. It is made in writing, and it is free: online (plainte.cdpdj.qc.ca), by phone at 1 800 361-6477 or by email; an organization can help you write it. Do not wait: the Commission may refuse to act if the complaint is filed more than two years after the last relevant fact. Filing suspends the limitation period for your civil remedies on the same facts. If the Commission decides not to take the case to a tribunal, it must give you its reasons, and you have 90 days to go to the Human Rights Tribunal yourself, at your own expense. For a language requirement, the CNESST recourse within 45 days also applies.
On the employer side, GPP Emploi automatically checks every posting before it goes live, including for discriminatory criteria, and the match score relies only on trade, location, availability, cards, pay and working languages: never age, sex or origin. In the profile bank, employers see an anonymous profile. Details are on the how it works page; to write a compliant posting, see Writing a job post that attracts candidates (and follows the law) and the employers page. Looking for work? Browse the job postings or create your free profile.
In short
- Section 10 protects 14 grounds, including age, sex, pregnancy, civil status, origin, language, social condition and handicap; what counts is the effect of the distinction, not the intention.
- Section 18.1 prohibits even asking the question in an interview or on a form, unless it serves to check a real job requirement.
- A requirement is allowed if it describes an aptitude the work genuinely requires (section 20); describe the task, not the ideal candidate.
- Requiring a language other than French calls for a justification, three prior checks and the reasons stated in the posting.
- CDPDJ complaint: written, free, ideally well within two years; for language, the CNESST within 45 days.
Frequently asked questions
Can an employer ask my age in a job interview in Quebec?
As a general rule, no: age is a ground protected by section 10 of the Charter, and section 18.1 prohibits asking for that information on a form or in an interview. The employer may ask whether you are of legal working age. Proof of age can be requested after hiring.
Is it legal to require English in a job posting in Quebec?
Only if the duties require it and the employer first took all reasonable means to avoid it, under sections 46 and 46.1 of the Charter of the French language. The posting must state the reasons for the requirement. A non-unionized person can file a complaint with the CNESST within 45 days.
How do I file a complaint for hiring discrimination?
You can file a free written complaint with the Commission des droits de la personne et des droits de la jeunesse, online, by phone or by email. Act quickly: the Commission may refuse to act if the complaint comes more than two years after the last relevant fact.
Can an employer refuse to hire me because of a criminal record?
It cannot refuse you solely because of a conviction that is unconnected with the job or for which you obtained a pardon, under section 18.2 of the Charter. If the offence is connected to the duties, the situation is different. The connection is assessed case by case.
Can an employer require a photo with my resume?
The CDPDJ recommends against requiring a photo before an interview or a test, because it reveals protected grounds such as age, sex or colour. A photo can be requested after hiring, for identification.
Sources
- C-12 - Charte des droits et libertés de la personne
- L'application et l'interprétation de l'article 18.1 de la Charte des droits et libertés de la personne
- Outil d'aide au traitement des dossiers : l'article 18.1, les questions discriminatoires avant l'embauche
- Filing a Complaint of Discrimination
- C-11 - Charte de la langue française, article 46
- C-11 - Charte de la langue française, article 46.1
- C-11 - Charte de la langue française, article 47
- Obligations des commerces, des entreprises, des ordres professionnels et de l'Administration en matière de langue française
