Recruiting is a big deal for small business. Interviews are the first time you interact with potential employees and asking the right questions is essential. It is important to avoid questions that can offend your employee or even result in poor publicity for your business.
Understanding the legality of interview questions
Australia has discrimination laws that make it unlawful to ask questions that reveal personal information which could lead to discrimination on the basis of certain attributes. These include, but are not limited to:
- Age
- Physical and/or mental disability
- Race
- Religion
- Sex, gender identity, or sexual orientation
- Relationship status, pregnancy, or family responsibilities
It is best to keep it professional and avoid personal questions that are irrelevant to their ability to perform the job. Professional HR services can help businesses improve hiring practices while reducing legal and compliance risks.
Exceptions
In most cases, it is unlawful to ask a candidate how old they are. However, there are exceptions, when a candidate's age directly prevents them from performing specific job duties. For example, if someone applies for a job as a delivery person but they are 15. This means they cannot obtain a driver's licence. It is lawful for the role to be denied on the basis of age-related legal requirements.
It is unlawful to discriminate against someone based on disability. The Disability Discrimination Act 1992 (Cth) protects individuals with both temporary and permanent disabilities, disfigurements, medical conditions, and work-related injuries, as well as those who use aids or require assistance. However, in cases where a candidate's ability to perform essential duties is in question, employers can ask 'Do you have any medical conditions that could hinder your ability to lift heavy items?.'
Build better businesses with Peninsula
Knowing what questions you can and cannot ask during an interview is an important part of building a fair and compliant recruitment process. Contact us for external support with compliant recruitment practices to help reduce hiring risks and make confident recruitment decisions.
Explore our dedicated HR services or call us today on 1300856135 to learn how we can help your business.
