Human Rights Law

The Saskatchewan Human Rights Code provides in section 16(1) that:

“No employer shall refuse to employ or continue to employ or otherwise discriminate against any person or class of persons with respect to employment, or any term of employment, on the basis of a prohibited ground.”

The term “prohibited grounds” is defined in section 2(1) (m.01) as meaning:

  • religion;
  • creed;
  • marital status;
  • family status;
  • sex;
  • sexual orientation;
  • disability;
  • age;
  • colour;
  • ancestry;
  • nationality;
  • place of origin;
  • race or perceived race; and
  • receipt of public assistance;

Questions relating to these issues cannot be asked by employers and prospective employees cannot be required to answer them.

Certain questions that relate directly to the employment duties can be asked. For example, it is appropriate for an employer to ask if the employee will require any accommodation. However, the employer cannot use this information in deciding whether or not to hire the person.

The Saskatchewan Human Rights Commission has published a summary entitled A Guide to Application Forms and Interviews for Employers and Job Applicantswhich is available at www.shrc.gov.sk.ca.