Ask the ExpertCriminal Offence Not Pardoned – Manitoba
hri_Admin Staff asked 11 months ago

Hello,   What types of questions are we allowed to ask when an employee discloses an offence that hasn’t been pardoned? We don\t want to be seen as though we are intentionally asking too many detailed questions to determine a termination. Any examples would be great to determine what is the best wording to use.

1 Answers
hri_Admin Staff answered 11 months ago

I’m surprised at how little guidance there appears to be on this issue from human rights commissions. Here are guidelines from Manitoba, http://www.manitobahumanrights.ca/v1/education-resources/resources/pubs/board-of-commisioner-policies/i-12.pdf ;
http://digitalcollection.gov.mb.ca/awweb/pdfopener?smd=1&did=16659&md=1   Scroll down to page 10
As you can see, the guidelines don’t directly address the question about what you can and can’t ask.
Based on guidance from other jurisdictions, THINGS YOU SHOULD NOT ASK include whether an applicant or employee has:
*Been arrested
*Been convicted of a crime
*Has a criminal record
The exception, of course, is when these inquiries are related to job duties. In addition, you’re generally allowed to ask if the employee/applicant is eligible for bonding if bonding is a job requirement
I wish I could come up with more specifics and examples. I’ll keep looking. Glenn glennd@bongarde.com

http://www.manitobahumanrights.ca/v1/education-resources/resources/pubs/board-of-commisioner-policies/i-12.pdf