Preparing for all possible questions in a job interview can be nerve-racking, but did you know that there are some questions that you’re not allowed to be asked?
The questions you are asked should relate directly or indirectly to your ability to perform the role, principal of Jewell Hancock Employment Lawyers Trent Hancock told Seek.
“While questions about certain personality traits that may be relevant to the role are understandable, for example, ‘How do you deal with stressful situations at work?’, questions about irrelevant personal attributes are not,” Hancock said.
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He gave the example of “do you suffer from any mental health issues?” as a question that would be inappropriate.
“The distinction lies in the motive behind the question being asked and the relevance of the information the interviewer is trying to obtain.”
However, a prospective employer can request information if it is relevant to your ability to carry out a role.
“For example, if a person was applying for a role at a warehouse that required heavy lifting, it would be lawful and reasonable for the employer to ask about any physical disability that might impact your ability to perform that heavy lifting,” Hancock said.
“In this scenario, the question about the personal attribute goes directly to your ability to perform the role and is therefore reasonable.”
While laws may vary slightly state to state, nationally it is unlawful under the Fair Work Act 2009 for an employer to use information obtained in an interview process to then discriminate against you based on your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
“The right not to be discriminated against doesn’t just apply to existing employees,” Hancock said.
“It also extends to ‘prospective employees’ such as job candidates and ensures that they are not denied job opportunities for discriminatory reasons.”
Most questions about irrelevant personal attributes should be off limits, Hancock said.
He gave these examples of unreasonable questions for an interviewer to ask:
- Are you in a same-sex relationship?
- How old are you?
- What’s your ethnic background?
- What religion are you?
- Are you pregnant or planning to start a family?
- Who do you vote for?
- Do you have a physical or mental disability?
“In most cases, the answer to these questions will not shed any light whatsoever on your ability to actually do the job,” Hancock said.
“Therefore, the fact that these questions are even being asked by an employer can suggest an intent or desire to discriminate and should therefore be avoided.”
How to navigate these questions
So how do you handle a situation where an interviewer is stepping over the line?
Hancock suggests politely responding that you do not believe that information is relevant to the role you are interviewing for, or inquiring about how it does relate.
He suggested asking: “I’m interested to know how that relates to the role. Can you tell me a little more?”
“Ideally, this response will cause the interviewer to realise their misstep and withdraw the question,” Hancock said.
“You can also use it as an opportunity to pivot the conversation towards the strengths that you do have that are actually relevant to the role.”
If you are being asked clearly discriminatory questions, you should stand firm, Hancock said.
You can take legal action against a prospective employer if you’ve been discriminated against during an interview process, he said.