The prohibition contained in subsection 23(2) of the Code is qualified by subsection 23(3), which allows an employer to ask at a personal interview whether an applicant has any disability-related needs that would require accommodation to enable her or him to do the essential duties of the job. The duty to provide such accommodation is discussed in more detail in the following section.
It is not unusual for an employer to ask about, or for a job applicant or an employee to volunteer information about her/his specific medical condition in an interview. However, an employer or supervisor may be placed in a vulnerable position if he or she directly receives any information about the particular medical condition of an applicant or employee. This information leaves the way open for an allegation to be made that subsequent decisions relating to the hiring of the applicant or the promotion or termination of the employee were based on that information. For information about what measures can be put in place to protect the employer from allegations of discrimination and to ensure the confidentiality of employee medical-related information, see Human Rights at Work.