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Conducting an Interview
Conducting an Interview
Panel Pre-Briefing
Panel Pre-Briefing
Seeking as much information as possible is a natural part of the interview process, but asking the wrong interview questions can have serious consequences for your business.
When considering your approach to an interview, it is important to be aware and prepared for what classifies as an illegal interview question.
The interview panel should meet for a briefing prior to the candidate joining the meeting. It is imperative that all panel members understand that Section 351 of the Fair Work Act prohibits employers from discriminating against employees or prospective employees on the basis of any ‘protected attributes’ that includes:
Race
Colour
Sex
Sexual orientation
Age
Physical or mental disability
Marital status
Family or carers responsibilities
Pregnancy
Religion
Political opinion
National extraction
Social origin
Some States and Territories also have anti-discrimination legislation in place which protects applicants against discrimination based on trade union activity, political opinion and criminal records. Employers must be aware of and adhere to these Federal and State laws.
What are illegal interview questions?
With all this in mind, here are some examples of interview questions that you should avoid asking:
Do you have a disability?
Are you currently pregnant?/Are you planning on starting a family anytime soon?
Are you religious? Do you go to church?
How old are you?
Is English your first language?
Do you have any medical conditions?
Were you born in Australia?
Have you ever been arrested?
Who do you vote for?
Are you married?/Are you seeing anyone?
Do you drink or smoke?
What is your sexual orientation?
Are you a member of a union?
Likewise, claims of discrimination are possible for indirect lines of questioning and focus on personal attributes.
Approaching Questions Correctly
Approaching Questions Correctly
When in doubt, keep this simple rule in mind: it’s not lawful to request detailed information from candidates about their personal life or attributes.
However, there are instances where a level of personal information is relevant only if it is appropriate to a position. For example, you might need to know about a candidate’s residency status to assess their capacity to work full-time hours.Or, if a job required heavy lifting,you could enquire about someone’s physical ability to perform a role.
Questions such as this do not contravene the law if this information is relevant to assessing the applicant’s ability to perform the tasks associated with the position.
Other relevant questions, even if they are seemingly personal, can also be worded in a specific way to approach a consideration or concern appropriately. Examples can include:
Are you an Australian citizen? If not, do you have the appropriate rights to work for this position?
Do you have a current drivers’ licence and a method of transport?
Do you have any commitments that would prevent you from being able to travel for work?
How would you rate your communication skills?
Are you proficient in more than one language?
What are some of your personal and professional goals over the next 5 years?
What are your personal interests and what do you like to do in your spare time?
Based on your experience and interest, what appeals to you about this position?
Despite current legislative boundaries, illegal questions still arise in the interview process in Australian workplaces on occasion. Candidates have a right to refuse to answer these questions and, if pressed, may pursue legal action through regulators as the Fair Work Commission, Fair Work Ombudsman or the Australian Human Rights Commission.
Discrimination
Discrimination
Discrimination could include (but is not limited to):
treating an employee differently than others (for example, treating someone differently based on their sex or gender)
Not hiring someone
offering a potential employee different and unfair terms and conditions for the job compared to other employees.
Example
Older workers and discrimination at work
Dimitri is an experienced barista with excellent references. He applies for a vacancy at a local coffee shop. During the job interview, the manager asks him how old he is. Dimitri tells the manager he is 57 years old.
The next day the manager calls Dimitri to tell him that he didn’t get the job because the coffee shop wants a ‘younger, fresher look’ for their baristas. They have hired a 17-year-old who is less qualified for the job.
This is discrimination. Dimitri is treated differently from other job applicants because of his age.
To learn about the impact of age discrimination watch the Australian Human Rights Commission’s short video about the Power of oldness.
Action that isn't discrimination
Action that isn't discrimination
Adverse action isn't always discrimination, even though it might seem to be. There can be lawful reasons for adverse action that have nothing to do with someone's personal characteristics.
It's not discrimination if the actions:
are allowed under state, territory or federal anti-discrimination laws
are taken against an employee of a religious institution to avoid harming the organisation's religious beliefs
do not relate to one or more of the protected attributes (visit our Bullying in the workplace page for more information), or
relate to the necessary requirements of the job.
Example
Lisa is 17 years old and recently applied for a job working in a bar serving alcohol. However, the state's liquor laws don't allow people under 18 years old to serve alcohol.
Being able to legally serve alcohol is a necessary requirement of the job.
The company wrote to Lisa saying that because she was under 18 and couldn't legally serve alcohol, she didn't meet the requirements of the job.
It's unlikely that the company has unlawfully discriminated against Lisa because of her age. The reason why it refused to employ her was that she wasn't able to legally serve alcohol and this is a necessary requirement of this job.
Learn More: https://www.fairwork.gov.au/tools-and-resources/fact-sheets/rights-and-obligations/workplace-discrimination
Meet, Greet, and Introductions
Meet, Greet, and Introductions
Each interviewer should introduce themselves, stating their:
name
position in the company
relevant qualifications
The candidate should be:
given the opportunity to introduce themselves
thanked for their interest in the position
The interviewer should state the purpose of the interview as:
a chance to get to know the candidate
understand more about the candidate's background and experience
work through some on-the-job scenarios
discuss life at the organisation
understand what supports would be needed for their professional development
understand what supports may be needed to help them establish themselves in the role, workplace or community
answer any questions they may have
discuss any required supervision, training plan or on-the-job expectations
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