Legality of a recognized pre-hiring medical questionnaire

Release date: October 1st, 2020

The tribunal considered the legality of a new pre-hiring medical questionnaire used by a health institution. It noted that while the form used in 2013 included no description of the required abilities, the 2016 form contained, for each field covered, a description of the essential abilities for the type of job for which the candidate was applying. The description was followed by a list of ailments that the candidate should declare because they could affect his or her ability to fill the desired position. According to the tribunal, other than the general questions, the questionnaire met the criterion of “rationality and reasonableness” required by the courts. As for the timing of the pre-employment questionnaire and medical examination, the tribunal found that provided the questionnaire complied with the Charter, the time when the information about the candidate’s health related to his or her ability to fill the desired position was required, was of little importance.

CDPDJ v. CIUSSS de la Mauricie-et-du-Centre-du-Québec
2020EXPT-494, 2020 QCTDP 5, Justice Doris Thibault

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