Be careful what you ask! Avoid these common interview mistakes
As part of the interview process, we ask multiple questions to ensure that we get the right fit for our business. It is so vital that we understand the candidate’s character, behaviour and skill sets so we make the right hiring decision. But... asking the wrong questions can have serious consequences for your business. When considering your interview guide, it is important that you are aware of what constitutes an illegal interview question.
There are multiple aspects of Australian employment law that make it illegal to ask particular questions. For example, Fair Work Act 2009 (Act) prohibits employers from discriminating against potential employees on the basis of race, skin colour, gender, age etc. Furthermore, certain States and Territories have additional anti-discrimination legislation that covers things such as criminal record and political opinion. It is crucial that anyone undertaking recruitment for your business understands both the Federal and State laws.
You can't ask that!
Below are some examples of illegal interview questions. Some might seem harmless, however, could get your business in a tricky situation.
How old are you?
Are you religious?
Were you born in Australia?
Is English your first language?
Are you married?
Are you planning on starting a family soon?
Are you a member of a union?
Have you ever been arrested?
How to approach questions correctly?
If you are second-guessing yourself - don't ask it. A simple rule is that it is not lawful to request detailed information from potential employees regarding their personal life or attributes. However, in some situations, personal information may be required such as asking someone about their physical abilities if the role includes heavy lifting or asking about a criminal record if the role requires them to work with vulnerable individuals.
Below are some examples of how you might approach certain questions in a non-discriminatory way:
Are you proficient in more than one language?
What are some of your personal and professional goals over the next 3 - 5 years?
Do you have any commitments that could prevent you from travelling as part of this role?
Illegal interview questions still pop up regularly during the interview process. Potential employees have the right to refuse to answer any illegal questions and can always pursue legal action through Fair Work Commission and Fair Work Ombudsman. Claims of discrimination are possible even if asked indirectly or casually. Therefore, it is best to stick to a professional interview guide to ensure you don't cross the line.
