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Businesses · Saint‑HyacinthePre-employment
Hiring decisions based on the actual requirements of the position, while respecting the rights of candidates.
The Clinique IPS du Palais performs assessments tailored to the actual requirements of the position to help the employer determine whether the candidate is able to perform the essential tasks safely.
A well-structured assessment gives you the information you need for your decision, without exposing you to health information you do not need.
For the employer
An assessment overseen by a health professional meets four concrete needs of the employer.
The law requires employers to take the necessary measures to protect the health and ensure the safety and physical and psychological integrity of workers6. Before hiring, the assessment verifies whether the person can perform the essential tasks of the position without danger to themselves or to others.
The Quebec Charter considers a distinction based on the aptitudes or qualifications required for a job to be non-discriminatory1. The requirement must still be genuine and assessed on the basis of objective medical data2: that is the role of the assessment.
A business must collect only the personal information that is necessary, and health information is considered sensitive5. By receiving a fitness conclusion rather than a medical record, you have less sensitive information to protect.
The report is tailored to the employer's mandate. It indicates whether the person can hold the position, with what limitations, or whether an accommodation should be considered.
A good pre-employment assessment protects both the employer and the candidate.
The legal framework
In Quebec, the Charter of human rights and freedoms prohibits asking, on a job application form or during an interview, for information on the grounds of discrimination it lists, including disability, unless the information is useful for verifying the aptitudes or qualifications required for the job (section 20) or for implementing an equal access program1.
According to the Commission des droits de la personne et des droits de la jeunesse, questions and examinations must be rationally connected to the performance of the work and be based on serious objective, scientific and medical data rather than on perceptions2.
A risk invoked to exclude a person must be probable: a hypothetical, minimal or negligible risk is not enough3.
In practice, a compliant assessment:
Your protection
In 2015, the Tribunal des droits de la personne ordered an employer, Bathium Canada, to pay $2,000 in moral damages. The clinic to which it had entrusted the pre-employment examination had sent it unnecessary medical information, and the Tribunal faulted the employer for a lack of vigilance in awarding this mandate4.
The choice of provider and the way the mandate is written matter as much as the examination itself.
In a pre-employment assessment, only the information provided for in the mandate, relevant to the requirements of the position and legally disclosable is sent, in accordance with the consent obtained.
The employer does not receive the medical record of the person assessed.
In a 2019 arbitration decision (Société de transport de l’Outaouais), the dismissal of a driver who had failed to disclose sleep disorders and other health problems on a pre-employment questionnaire was upheld. The analysis published by the Ordre des CRHA stresses one point: the questionnaire itself must comply with the law7.
Refusing employment when reasonable accommodation would have been possible may constitute discrimination based on disability3. A “conditional acceptance subject to accommodation” conclusion helps you examine this possibility before deciding.
Assessment
Depending on the needs of the position and the established mandate, the assessment may include:
A health questionnaire related to the duties of the position.
A clinical assessment.
Measurement of vital signs.
A vision or hearing assessment.
Spirometry.
An electrocardiogram.
Certain additional tests or analyses.
Preparation of a report tailored to the employer's mandate.
The examinations requested must be relevant to the tasks and risks associated with the position.
The process
We discuss your organization, the positions concerned, their essential tasks and the associated risks.
We prepare an offer specifying the content of the assessment for each position, the terms and the billing.
The assessment covers only the elements provided for in the mandate, with the person's consent.
You receive a conclusion on fitness for the position, tailored to the mandate, with no diagnosis or medical record.
Best practices
These practices are drawn from the publications of the Commission des droits de la personne et des droits de la jeunesse, the Act respecting the protection of personal information in the private sector and an article published by the Ordre des CRHA2, 3, 5, 7.
They are provided for information purposes only. For your hiring policy, an article published by the Ordre des CRHA recommends having your questionnaires validated by a legal advisor7.
Frequently asked questions
The Commission des droits de la personne had long recommended that the examination take place after a conditional offer of employment3. In 2015, the Tribunal des droits de la personne ruled that this was not mandatory, provided that only the medical information relevant and necessary for the position is requested4.
No. The medical record remains confidential. The employer receives a conclusion on fitness for the position and, where applicable, the relevant limitations or the need for accommodation.
This is not recommended. The questions must be related to the essential abilities required for each position; an article published by the Ordre des CRHA advises adapting the questionnaire to the position and attaching a detailed description of the duties7.
Limitations do not automatically mean a refusal. The report may conclude with acceptance despite limitations or acceptance conditional on an accommodation3. The employer must then examine whether reasonable accommodation is possible.
According to the Commission des droits de la personne, the Commission d’accès à l’information has recognized the right of a rejected candidate to access their pre-employment medical assessment3.
Business services are offered on a quote basis to take into account the positions concerned, the content of the assessment and the volume of each organization.
Tell us about your positions, their requirements and your hiring volume. We will prepare a proposal tailored to your organization.
Services for businesses are offered on a quote basis.
The information on this page is provided for informational purposes only and does not constitute legal advice. For your particular situation, consult a legal advisor or a certified human resources professional.
