Inappropriate interview questions
According to the Victorian Equal Opportunity Act 1984, job applicants cannot be discriminated against with regard to their race, physical, intellectual or psychological impairment, sex, marital status, parental status, or religious or political beliefs.
People conducting interviews should ask questions that are only relevant to the skills, abilities, experience and knowledge required for the position. Don't assume employers are experts at interviewing - most aren't.
Questions which should NOT be asked in an interview include:
- How old are you?
- What is your date of birth?
- Do you speak English at home?
- How many sick days did you take last year?
- Are you married?
- Who cares for the children while you are working?
- Are you gay?
- Where were you born?
These questions are inappropriate because the answers could be used to discriminate against the candidate. The employer could be unaware that the question is inappropriate or perhaps he/she is just being friendly and attempting to help you relax.
If the question is related to the job - for example they are looking for someone who speaks two languages - it would then be appropriate to ask about your language skills, the context in which you use them and so on.
Responding to inappropriate questions
If you are asked an inappropriate question you have a few options:
- You can answer the question. But be aware that if you provide the information, it could be held against you. While there are legal options to challenge this scenario, it is clearly not the preferred outcome for most people.
- You can refuse to answer the question, or ask them to clairfy how it is relevant to the job. However, you need to be as pleasant and professional as possible in the way that you do this.
You can interpret the question in the way that it was probably intended and respond appropriately. For example:
Q: "Who will look after your children?
A: "I am able to meet the travel requirements and hours of work that have been outlined for this job"Q: "What country were you born in?"
A: "I am a permanent resident of Australia therefore there are no restrictions on my ability to work for your organisation."
If you want more information about anti-discrimination laws and employment, contact the Victorian Equal Opportunity & Human Rights Commission.