You’ve been asked to come in for an interview for the ethical jobs of your dreams. You have prepared answers to some of the most common interview questions, you have practiced the Woods and Co method in Melbourne, and you may have even done some mock interviews.
But do you know what questions an employer legally can’t ask you?
Before 1975, employers could look at almost anything when deciding whether or not to hire someone. But the Commonwealth Racial Discrimination Act of 1975, which was passed by the Whitlam Government, made it illegal to:
Any employer to treat a person looking for work less favorably than other people in the same situation because of their race, color, nationality, or ethnic background.
Since 1975, more Commonwealth, state, and territory acts have been passed to make sure everyone has the same chances.
For example, the Equal Opportunity Act 2010 (Vic), section 107, says:
A person can’t ask or demand that another person give them information that the first person could use to discriminate against the second person.
What does that mean in everyday language?
It means that a possible employer can’t ask you things like:
1. What’s your age?
Under the Age Discrimination Act of 2004, it is against the law to judge a candidate’s suitability for a ethical jobs based on their age or what is thought to be their age. Employers may be able to figure out your age from your CV or LinkedIn profile, but they can’t ask for or use that information to judge you for the job.
2.Are you pregnant or do you want to have kids?
The Sex Discrimination Act of 1984 has a whole section about how discrimination based on pregnancy or the possibility of pregnancy is against the law. That means an employer can’t ask you about it in an interview or use it to judge you in any way.
3. Who do you vote for?
During the hiring process, a candidate’s political views or “political opinions” about certain issues cannot be taken into account. Most for-purpose employers will probably be interested in your values, though, and they have every right to ask you what values are important to you (and quite likely they will).
4. Do you have a disability that affects your body or mind?
Section 15 of the Disability Discrimination Act of 1992 says that it is against the law for an employer to treat someone differently because of their disability when deciding who should get a job. So you don’t have to tell anyone about a mental or physical disability you already have.
5. What kind of people are you?
Section 15 of the Racial Discrimination Act of 1975 says that this question is illegal, but some non-profit organizations have an exemption that lets them discriminate for certain roles. For example, they can hire an indigenous person for some roles that work directly with indigenous communities.
