In Australia, the hiring process is intended to be fair, inclusive, and free from discrimination. However, sometimes interviewers may unknowingly (or intentionally) ask questions that are illegal or discriminatory. Understanding which questions are off-limits during a job interview is crucial for both employers and candidates. This knowledge helps prevent potential legal issues and ensures a respectful, inclusive hiring environment.
Here’s a breakdown of the most common illegal interview questions in Australia and the legal alternatives you should ask instead:
1. Questions About Age
Asking an applicant’s age or making assumptions based on age can be discriminatory under the Age Discrimination Act 2004. Employers should never inquire about someone’s age or suggest that they are “too young” or “too old” for a role.
Examples of illegal questions:
- “How old are you?”
- “What year did you graduate from school?”
- “Are you planning to retire soon?”
Legal alternatives:
- “Can you describe your relevant experience and skills for this role?”
- “Do you have the experience required for this position?”
2. Questions About Gender or Sexual Orientation
Under the Sex Discrimination Act 1984, it is illegal to ask about a candidate’s gender, sexual orientation, or relationship status, as these questions are irrelevant to the role and can be discriminatory.
Examples of illegal questions:
- “Are you married?”
- “Do you have a partner?”
- “What’s your sexual orientation?”
- “Are you planning to start a family soon?”
Legal alternatives:
- “Are you able to work flexible hours or weekends if required?”
- “Can you tell us about your previous work experience and how it relates to the role?”
3. Questions About Family or Pregnancy Plans
Questions that explore a candidate’s family plans or pregnancy intentions are prohibited by the Fair Work Act 2009 and the Sex Discrimination Act 1984. Such questions can disadvantage women or candidates with caregiving responsibilities.
Examples of illegal questions:
- “Are you planning to have children soon?”
- “How do you plan to balance work and family?”
- “Do you have young children?”
- “How will your child care arrangements affect your work?”
Legal alternatives:
- “Are you available to work the required hours for this position?”
- “Can you meet the travel requirements or work schedule for this role?”
4. Questions About Disability
The Disability Discrimination Act 1992 prohibits employers from asking about a candidate’s disability unless it directly affects their ability to perform the inherent requirements of the job. Focus should remain on whether a candidate can do the job, not their disability status.
Examples of illegal questions:
- “Do you have any disabilities?”
- “How often do you take sick leave because of your health?”
- “Are you able to work with your disability?”
Legal alternatives:
- “This job requires [specific physical or mental tasks]. Are you able to perform these tasks with or without reasonable accommodations?”
- “Can you tell us about how you manage the physical or mental demands of this type of work?”
5. Questions About Religion
Under the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984, employers cannot ask about an applicant’s religion, beliefs, or practices, as it’s irrelevant to their ability to do the job.
Examples of illegal questions:
- “What is your religion?”
- “Do you pray regularly?”
- “Are you available to work on religious holidays?”
Legal alternatives:
- “This role may require working on certain public holidays or weekends. Are you available to meet the schedule?”
- “Are you comfortable working in a diverse environment?”
6. Questions About Nationality or Ethnicity
While it’s legal to ask if a candidate has the legal right to work in Australia, asking about someone’s nationality or ethnic background can lead to discrimination under the Racial Discrimination Act 1975.
Examples of illegal questions:
- “Where are you from?”
- “What’s your ethnic background?”
- “Do you speak any languages other than English?”
Legal alternatives:
- “Do you have the legal right to work in Australia?”
- “Are you available to start immediately, or when would you be able to commence work?”
7. Questions About Political Views
It is illegal to ask about someone’s political beliefs or affiliations under the Fair Work Act 2009, as such questions have no relevance to a person’s ability to perform their job unless directly related to the role.
Examples of illegal questions:
- “What political party do you support?”
- “Do you vote in elections?”
- “Are you involved in any political movements?”
Legal alternatives:
- “Can you describe how you’ve handled conflicts or challenges in previous work situations?”
- “How do you stay updated on industry trends and developments?”
8. Questions About Marital or Relationship Status
Questions about marital or relationship status are irrelevant to job performance and can lead to discrimination under the Sex Discrimination Act 1984.
Examples of illegal questions:
- “Are you married?”
- “Do you live with your partner?”
- “How does your spouse feel about your career?”
Legal alternatives:
- “Are you able to meet the travel or relocation requirements for this role?”
- “What motivates you in a workplace, and what kind of work environment do you thrive in?”
Conclusion: Respecting Boundaries in Interviews
It’s crucial for employers to remember that interview questions should be directly related to a candidate’s skills, experience, and ability to perform the job. Asking illegal or inappropriate questions not only exposes employers to legal risks but also creates an environment that can undermine the integrity of the hiring process.
To ensure a fair and compliant interview process, employers should consult with HR professionals or legal advisors if unsure about any questions. By focusing on relevant skills and qualifications, employers can create a hiring process that promotes diversity and inclusion while respecting candidates’ privacy.
