Interview Questions - Keeping It Legal

By Nicki Malherbe, Principal Consultant at Hinchen Recruitment Group

So, you’ve applied for your dream job, and you have been invited in for an interview! You want to be properly prepared; you have done your research; you have practiced the STAR methodology on how to respond to interview questions, you know your story and you may have even done some role-plays. It’s a very exciting and nerve-wracking time. But what a lot of candidates aren’t prepared for, are the legalities surrounding job interviews.


Unfortunately, there are times where candidates or companies fail to understand the legal rights that are there to protect people when it comes to employment opportunities, potentially leading to unlawful dismissals, candidates not knowing their rights have been ignored or even rejecting people unlawfully. The following information can help the employer and the employee navigate the legal landscape, but I highly encourage you to reach out to Fair Work Australia or even legal support if you’re unsure or feel like your rights have been negatively impacted.


Under the Fair Work Act, 2009, employers cannot reject your application lawfully by using information gathered in the interview process to then discriminate against you on the basis of gender, race, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, or political views.


Sometimes you will find yourself being asked questions that you might feel go against the Fair Work Act. The following is a list of common questions about your personal attributes that have nothing to do with how you perform role:


  • What is your sexual preference?
  • How old are you? However, the employer is required to ask this question if they need to confirm you are over the age of 18 to work in a bar.
  • What is your ethnicity?
  • What is your religion? This question can be lawful if the role requires working on a Saturday/Sunday and your religion doesn’t allow working on these days.
  • Do you smoke, drink, or do drugs? Questions around prescription medication are relevant here for employees operating heavy machinery.
  • Are you pregnant, do you have children or thinking of having children?
  • What is your voting preference?
  • Are you a member of a union?
  • Do you have a mental or physical disability? This question can be relevant if it is critical in the role that you have the ability to handle doing what is required, such as if you are applying for a Warehousing role, it would be lawful for the interviewer to ask about your ability to perform heavy lifting.

 

Here are some questions that cover sensitive subjects with concern and in appropriate language that you can elaborate on as much as you wish:


  • What is your legal right to work in Australia?
  • Do you have a current driver’s licence and a means of transport if needed for the role (if required)?
  • Are there any commitments that might prevent you from being able to work certain shifts or hours?
  • What are your hobbies outside of work / what sort of activities do you enjoy in your free time?

 

The important thing to know is that if you are ever asked these questions you can refuse to answer, but we recommend doing so in a very polite and professional manner. You can always respond politely “I don’t feel comfortable answering these type of questions” or “Great question, can you first please explain how this relates to the role?” and move on. This way you get to remain professional but are also standing up for your legally protected rights.


At Hinchen Recruitment Group, we genuinely try to find out who you are during the interview to help you along your career path. We do this by using Behavioural-based Interviews in order to better understand your experiences and help you find the most suitable role. We are also endeavouring to ensure your requirements are what our clients are looking for, with both soft & hard skills but also and most importantly, you’re the right cultural fit for that role. We want to ensure that not only are you the right candidate for the job, but it’s the right job for you. If you’re looking for your next career opportunity, please reach out to one of our many expert recruiters and follow us on LinkedIn: https://www.linkedin.com/company/hinchenrecruitmentgroup/mycompany/