The job application process can be a highly competitive one. The hiring manager may conduct an interview with several applicants to decide who will be a suitable fit for the job. Often, this involves employers asking a wide range of questions, with the hope they can see past the pre-prepared responses and understand whether you truly possess the skills for the job. However, it is important for graduate applicants who have limited experience in the job market to know that there are some questions which are off limits! Employers cannot just ask any question they please, especially if the question they are asking forces you to reveal anything about your personal characteristics, such as age, sexuality, physical/mental disability, marital status, family, religion or political affiliations. This is because the Fair Work Act (Cth) 2009, along with other numerous anti-discrimination legislation in Australia, protects you from being asked any question that could lead an employer to discriminate against you in the job application process. 

What are examples of illegal interview questions?

There are a wide range of interview questions that are not allowed, as they reveal a job applicant’s personal characteristics. The employer should not be wanting any information on your age, sexuality, physical/mental disability, marital status, family, religion or political affiliations. Here are just a few of the most common questions you may encounter:

1. How old are you?

While this may seem like a normal question to graduate applicants, the Age Discrimination Act 2004 (Cth) prohibits an employer from asking you this during a job interview. This is because the answer has the potential to lead to age discrimination; the employer could think that you are either too young or too old to do the job. However, if the age of the applicant is directly relevant to the job they are applying for, then the applicant may be obliged to answer this question. For example, if a 16 year old was applying for a position at a shop that sells alcohol, then it would be reasonable for the employer to not choose them for the role, as they are legally unable to work with alcohol.  

2. Do you have a physical or mental disability?

Under the Disability Discrimination Act 1992 (Cth), an employer cannot ask you whether you have a physical or mental disability. This is because the answer could lead to disability discrimination; an employer may be less inclined to have a worker they believe may need periods off work or be less efficient in completing the job. An employer is also prohibited from asking specific details about a candidate’s disability or overall health. For example, they cannot ask “What medications are you on?” or “Are you sick a lot?” The only questions that an employer can ask are those which determine whether a graduate applicant can complete the work requirements of the job and how to make the work environment safer for all. For example, it would be fine for an employer to ask an applicant if there are any factors preventing them from fulfilling the heavy lifting aspect of the job. Further, an employer may ask questions for non-discriminatory purposes to understand if there are any adjustments that the applicant may need when working with the company. However, these questions should be about the adjustments needed, rather than the disability. For example, it is acceptable for the hiring manager to ask “How can we accommodate your disability?” or “Could you let us know in advance when you have medical appointments?”

3. Are you pregnant/Are you planning to start a family soon?

As stipulated in the Sex Discrimination Act 1984 (Cth), there is absolutely no reason for an employer to ask any question pertaining to the likelihood of an applicant having children soon. This is because if an applicant does reveal that they may have children soon, the hiring manager may be less inclined to hire them, as they know they will have to conduct the whole job search again. Although it is understandable for an employer to want a stable, long-term employee, it is not fair for them to discriminate against someone because of their family situation. This is another reason where age discrimination can occur; employers may be less enthusiastic about young people they believe are more likely to get pregnant and start a family soon. 

4. Are you a union member?

It is unlawful for a hiring manager to ask whether or not you are a unionised member. This should not have any influence on their decision to hire you, and it is not relevant in any case. Being a part of a union is beneficial for employees in ensuring their rights are met when at work. 

5. What religion do you practice?/Who did you vote for?

Again, these questions in no way are relevant to whether or not an applicant can complete the job. These questions have the potential to create bias against an applicant, if the hiring manager or company have strong opposing beliefs or opinions on issues. It is important to remember that sometimes an employer may not have ill-intentions when asking these questions. Perhaps, they want to know if they need to accommodate for religious holidays, or they are wanting to know more about your values. Regardless, there are better questions for this and religion and politics should be kept separate from the workplace. 

How to respond to illegal interview questions?

Now that you know what sort of questions are not allowed in an interview, it is important to be aware of how to respond to illegal interview questions. If you are asked an illegal interview question, you simply do not have to respond. You may choose to politely inform the hiring manager that you are not comfortable with answering that question and informing them that you are aware of the legal limitations of what they have asked. This allows you to also represent yourself as a confident individual who can stand up for themselves. On the other hand, you could choose to instead ask them the relevance of the illegal interview question. For example, you could ask, “Is there something about my religion that will impact my ability to do this job?” Sometimes job applicants may make a small, appropriate joke to segue away from the illegal question and avoid answering it. Understandably, these options may all sound daunting and make a graduate applicant nervous, especially as they are less experienced with job interviews and have a greater urgency to find a stable job soon. The most important thing to remember in these cases is that you are completely within your rights to not answer, and you should not feel guilty about that at all. Most employers won’t hold this against you, and if you suspect that you did not receive a role because of your refusal to answer a question, then you might want to consider whether that was really the right workplace for you. Do you want to work for an employer who does not respect your rights as an employee? If you truly believe that your answer to an illegal question won’t lead to any type of bias, then it is within your rights to answer. However, as stated before, you are under no obligation to. There are avenues that you can explore if you feel that you have been unlawfully discriminated against in the job application process.