The Legalities of Criminal, Credit and Medical Checks in HR

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From time to time, I get questions from employees and companies alike about the legalities of performing various forms of background checks in the hiring process. While thankfully these issues do not come up too frequently, three forms of checks which cause particular concern are criminal record checks, credit checks, and medical checks.

While requests for this type of sensitive personal information are far more common in the United States, they continue to be applicable in Canada as well. In this article, we will examine whether these requests are legal and if so, what types of limits are associated with them. Continue reading “The Legalities of Criminal, Credit and Medical Checks in HR”

“Can We Talk About Your Health?” : Human Rights and the Duty to Inquire

Health information is sensitive. Very sensitive. And given the intimate nature of this information, the BC government has understandably put in place important protections to ensure the integrity of a person’s personal health information.

So considering the uniquely private nature of health information, is there ever a time when it would be appropriate for an employer to ask about an employee’s health? Under human rights law, there is.

Continue reading ““Can We Talk About Your Health?” : Human Rights and the Duty to Inquire”