The Fair Work Act 2009 makes it illegal for an employer to use information gained in an interview process to discriminate against the prospect employee based on race, skin colour, sex, orientation, age, disability, marital status, family status, pregnancy, religion, political motivation, national extraction, or social origin.
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00:00When you're sitting across from a prospective employer during an interview, what can you reasonably expect to happen?
00:07You have no style or sense of fashion
00:11Wow
00:13Think that depends on what you know, that wasn't a question
00:21There are a few questions that prospective employers cannot legally ask you
00:27Workplace agreements and equal opportunity laws across the country dictate what can and can't be asked in a job interview
00:34And it's rudest prospective employers are barred from asking for any information that could be used to form the basis of discrimination
00:43In most cases this includes any questions requiring the interviewee
00:47To give specifics about their age their gender identity ethnicity or sexuality
00:53Um the team you'd be heading are good, but they are young so they do need a lot of motivation
00:57Is that something you think you could bring to the table? Oh, I could splatter this table with motivation
01:05Employers can ask questions that are directly related to the position they're hiring for
01:10The questions need to be directly or indirectly about your ability to perform the advertised role
01:17I also um won a national competition for a college journalist with my series on the janitor's union which explodes the exploitation of
01:27For example an interviewer is within their rights to ask you for details about how you deal with stressful situations
01:35But they cannot ask you if you suffer from a mental health issue
01:39The difference is in the intention in the question and its relevance to the role
01:44If the needle goes beyond here you will be fired
01:48Does that make you feel stressed?
01:51Does it?
01:52No, are you sure? Are you sure?
01:55Are you sure?
01:56In most cases it would also be unreasonable to ask a candidate if they are in a same-sex relationship
02:02What their age is what their ethnic or social background is what religion they practice
02:09Whether they're pregnant or planning to become pregnant who they vote for
02:14Or if they have a specific physical or mental disability
02:18I'm your man
02:20There are of course always exceptions
02:23When it would be deemed appropriate to ask something that might under other circumstances seem discriminatory
02:30For example, if a person was applying for a role that required a lot of heavy lifting
02:35It would be lawful and reasonable to ask that candidate whether they have a physical barrier that could prevent them from completing this task
02:44So in this case, it might be reasonable to ask if the candidate is pregnant or if they have a disability
02:51but in this example
02:53It would still be illegal to ask a candidate about their political or religious beliefs because it will not reasonably affect their ability to complete
03:00this task
03:02so
03:03What can you do if you're asked a question during an interview that you believe to be discriminatory or unlawful?
03:11You are well within your rights to return an interviewer's question with a question of your own
03:16And ask them to outline briefly how your answer to their question might be specifically relevant to the job
03:23So for example, the interviewer might ask you how do you manage to work with three children at home?
03:31You can ask i'm interested to know how that relates to this specific role. Can you tell me a little bit more?
03:39So, um, is there anything you'd like to ask us?
03:42Oh, yes
03:44Yes
03:45When lightning strikes the sea, why don't all the fish die?
03:52Relevant to the job
03:54Oh no
03:56Well, thanks very much for coming in we'll be in touch
03:58You should never be made to feel like you must answer a question that could be used to discriminate against you
04:04If it has no direct relation to your ability in the role
04:07Yes, i'm really looking forward to getting to grips with i'm going to put you in it
04:13Because you said on your cv you have a lot of experience with computers
04:18I could say that's on my cv. Yes
04:20in extreme cases
04:21You are within your rights to take legal action against a prospective employer if you believe you have been discriminated against during the interview
04:30Changing jobs and doing well in interviews is a nerve-wracking experience
04:34So it helps to arm yourself with the knowledge of what constitutes workplace discrimination
04:39And to prepare a sensitive simple response ahead of time