Interview questions that are unlawful to ask

By admin , 28 January 2025
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Interview questions that are unlawful to ask

While interviews are great opportunity to find out about different candidates to assess their suitability for a job, it’s important to remember that there are some questions that are unlawful for you to ask.

It is unlawful to ask questions about a candidate’s:

  • Age
  • Sex
  • Gender identity
  • Sexual orientation
  • Ethnic background
  • Marital status
  • Political views
  • Social origin

It is also unlawful to ask whether they:

  • Follow a religion
  • Have a physical or intellectual disability
  • Are a member of a union
  • Have ever filed for workers’ compensation
  • Are pregnant or planning to start a family
  • Have family responsibilities
  • Are in a relationship

You cannot ask about these kinds of personal details as they are generally unrelated to a person’s ability to perform the duties of a job. If you use this kind of information to make a decision about hiring for a position, then you may be discriminating against people applying to work with you.

The only situations where you may be allowed to ask about some of these personal details is when having a certain attribute or background is necessary for someone to perform the tasks and duties in a job. Some examples where this may apply include:

  • If the role involves working with a religious organisation, a candidate may be required to be a follower of that religion.
  • If the role involves working with people of a specific ethnic background, a candidate may be required to have cultural connections with the relevant ethnic group.
  • If the role involves physical labour, a candidate may need to disclose whether they are physically fit and/or whether they have a physical disability.

But generally, a person’s personal attributes don’t affect their ability to perform the duties of a job, so you shouldn’t ask them about these things.

This means that not only should you avoid these topics in your scheduled interview time, but you should also take care not to discuss these things by accident in your other interactions with a candidate.

This includes when you’re making small talk with a candidate before or after an interview, and when you’re following up on details about a candidate during the job selection process.

Examples of unlawful questions you may be tempted to ask include:

  • How old are you?
  • Do you have any children?
  • Is English your second language?
  • What country do you come from?

However, you can ask candidates if they have working rights in Australia.

The Australian Human Rights Commission has a guide to help you understand these issues further.

If you are unsure if a question you want to ask is unlawful, then check with the FairWork Ombudsman, the Australian Human Rights Commission (AHRC) or seek independent legal advice.