Asking the wrong questions in a job interview can cost you thousands.

Ensuring that the right person is hired for a job is crucial, but businesses and managers need to be aware of the questions they can and cannot ask during job interviews. In today’s competitive job market, companies need to have the best team possible to succeed. However, Managers may become over-enthusiastic about finding the right person and overlook the importance of appropriate questioning during interviews.

Asking the right questions to obtain relevant information can be challenging, and Managers must understand what constitutes invasive, unprofessional, and even unlawful questions. Anti-discrimination laws in Australia apply not only to existing employees but also to prospective employees, ensuring that job seekers are not denied employment opportunities for discriminatory reasons.

Direct discrimination occurs when a prospective employee is treated differently because of a particular personal characteristic. Indirect discrimination can occur when an apparently neutral question results in an unfairly disadvantaged candidate with a particular attribute or from an identifiable group. Australian employment law makes it illegal to ask questions that may lead to discrimination based on factors such as race, skin colour, gender, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, national extraction, or social origin. It’s crucial for businesses to be aware of these federal and state laws when preparing interview questions.

Asking questions related to the personal life of prospective employees that are irrelevant to their ability to perform the job could leave a business vulnerable to legal action. Fines for contravention of anti-discrimination laws can be up to $66,000 for a corporation and $13,320 for an individual. Managers should avoid such questions and treat all prospective employees equally.

Exceptions to this rule exist, where questions asked to gain personal information may be relevant to assessing a candidate’s ability to perform job-related tasks. Different states have different exemptions, such as residency status, public health-related matters, setting reasonable standards of employment to accommodate any physical or mental impairments, and caring for or being in the presence of children.

Candidates have the right to refuse to answer inappropriate questions and take legal action against prospective employers if they have been discriminated against during the interview process. Inappropriate questions still arise during job interviews in Australian workplaces, but ultimately, interview questions should relate to the job and the candidate’s suitability for the role.

In summary, hiring managers must be aware of the questions they can and cannot ask during job interviews to avoid discrimination. By following anti-discrimination laws and treating all prospective employees equally, companies can ensure a fair and lawful recruitment process.