Interviews: What you can’t ask
by James Muskett
Most employers don’t intend to discriminate in employment interviews. However, sometimes seemingly innocent questions can have serious implications which could end up costing you a lot of money!
Employers are required by law to avoid discrimination when recruiting staff, but this can be a minefield for someone not familiar with Equal Employment Opportunity legislation. So how can you ensure that you or your managers do not ask inappropriate or illegal questions of potential employees?
Crossing the line…
Any questions that ask for age, gender, race, national origin, religion, marital status and sexual orientation are off-limits! Also questions relating to disability/impairment, illness; physical features; political and religious beliefs or activity; status as a parent or carer; pregnancy and potential pregnancy or industrial activity can land you in hot water.
Quick fixes for unlawful questions
You might be tempted to ask some of these questions, but shouldn’t! Instead, ask yourself why you want to know the answer and redesign the question to uncover the trait or competency you are trying to assess to ensure you stay focussed on whether the candidate will be able to complete the tasks of the job. Here are some classic traps…
* How old are you?
Even if you can deduce a candidate’s age based on their resume, it is illegal to ask the candidate to confirm what his or her age is at interview. Similarly, you can't ask what year they graduated from high school or university. However, you can ask how long the candidate has been working in a particular role or certain industry.
Ask yourself; why does their age matter? If you think it will give insight into their level of experience, ask instead about their experiences. If you think it may suggest an inclination for particular behaviours, focus instead on the behaviours you want to encourage (or avoid) and redesign your question around this.
* Do you have children? Do you plan start a family?
Denying a candidate employment if they have children or plan to have children is illegal. If you need to find out how committed the potential candidate will be to the job, ask questions such as; “What hours can you work?” or “This role may require some overtime. Do you have any commitments that may interfere with the job duties or requirements of the role?”
* Are you married?
Although you may be asking this to see how much time the potential candidate is able to commit to your job, it's illegal to ask their marital status. It may also reveal sexual orientation. Ask yourself “What information or insight am I hoping to obtain?” and reframe your question around this.
* Do you have any health issues?
If the role is physically demanding, rephrase this question to “This role requires heavy lifting; are you able to undertake these duties?”
* What is your weight / height?
Unless the position requires candidates to maintain a certain weight or be a certain height, it is illegal to ask the candidate about their physical attributes.
* What country are you from? Are you an Australian citizen?
If a candidate has an accent, this may seem like an innocent question. Interviewers asking this question might just be curious, or alternatively want to know if the candidate can work legally for them. Employers can't legally enquire about nationality, so stick to what you need to know; “Can you provide evidence of your right to work in Australia?”
* Is English your first language?
To find out language proficiency, employers should ask what languages the candidate reads, speaks, or writes fluently as it pertains to the role.
* What is your religion?
You may want to ascertain a candidate’s availability on weekends or over particular holiday periods. Rephrase the question, for example: “This job requires working on weekends, are you available?” or “We need coverage during the following dates, is that a problem for you?”
* Do you smoke / drink / take drugs?
Although it’s understandable to want to avoid someone with a drinking problem, interviewers are not allowed to ask such questions. If you are concerned about the impact that these lifestyle choices may have on reliability, attendance or quality of work, focus instead on these areas and probe referees specifically about these traits or behaviours.
* Are you a member of a union or political party?
It's inappropriate to ask whether the candidate is affiliated with or a member of any political, social, or religious groups - including unions.
Ask the right questions
Interviewers cannot ask questions that force a person to reveal discriminatory information the interviewer may then use against them when narrowing down the best candidates.
It can be easy to slip even with the best of intentions, so remember to plan ahead and design questions that identify the specific tasks, behaviours and requirements relevant to the role, rather than concentrating on the personal characteristics of the candidate.
Tip: To avoid asking the wrong questions, use an interview form for each candidate for each particular role. It will also document that you asked each candidate the same questions!
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James Muskett is a Senior Recruitment Executive in Dixon Appointments' team. For further information, contact James at jmuskett@dixonappointments.com.au or call 03 9629 9999.