Topics to avoid when interviewing prospective employees

Job interviews are a high-pressure situation for most people, regardless of which side of the desk you’re sitting on.

There are additional challenges involved, especially when it comes to finding out all the relevant information you need to decide if a candidate is a good fit for your organisation.

Although you are there to learn about the prospective employee, you have to remember that not all questions are appropriate. And in some cases, topics are off-limits due to the discriminatory nature of what would happen if you use that information to deny employment.

To better understand what questions are not acceptable for a job interview, we have also grabbed some tips from Consultant and Business Support Specialist, Renae Sullivan.

The Fair Work Act and workplace discrimination

Under The Fair Work Act 2009, an employer cannot take adverse action against an employee or a prospective employee for discriminatory reasons.

This means someone cannot be denied employment, have a job offer rescinded, or have a contract terminated based on what Fair Work calls a protected attribute. 

Protected attributes include:

• Race
• Colour
• National extraction (place of birth, ancestry)
• Sex (gender identity) or sexual orientation
• Age
• Physical or mental disability
• Family or carer’s responsibilities
• Marital status
• Pregnancy
• Political opinion
• Religion
• Social origin (social class, religious community, caste)

The above are areas that you should not be asking questions about when interviewing a potential employee.

It not only protects the person from discrimination, but it can also protect your business from potentially being sued or getting in trouble.

Instances where the Fair Work Act is applicable

It is important to note that even prospective employees are protected under the Fair Work Act. Therefore, there are legal grounds if someone is denied employment due to a protected attribute being used in a discriminatory manner.

Referred to as an ‘adverse action’ by the Fair Work Act, protected attributes cannot be used as a reason for:

• Firing an employee
• Injuring the employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave)
• Changing an employee’s job to their disadvantage
• Treating an employee differently than others (for example, treating someone differently based on their sex or gender)
• Not hiring someone
• Offering a potential employee different and unfair terms and conditions for the job compared to other employees

It is important as a business to follow the Fair Work Act as closely as possible. Additionally, you want to be seen as a good employer and a bad interview process can reflect badly on the organisation.

When it is acceptable to ask about protected attributes

Sometimes, it is necessary to ask specific questions due to the nature of a job. For example, if heavy lifting or tight access is required, you have to know if it will be safe for a prospective employee to perform the role.

It is therefore acceptable to ask about any personal attributes related to physical disabilities or limitations, or health concerns that could impact the role.

Questions you could ask include:

• Can you provide an example of when you previously completed this task?
• Are you able to perform day-to-day tasks unsupervised or unassisted if necessary?
• How have you overcome any challenges or obstacles in the workplace?
• Do you have any concerns about the role or responsibilities?

Meanwhile, there may be times when you have a candidate that could lead to equal opportunity in the workplace, according to Consultant and Business Support Specialist, Renae Sullivan.

“There are candidates who will disclose their disability as they want to be supported within a job,” Ms Sullivan said. 

“It would be great if the employer can then gain advice from an expert or peak body to best support them.”

The importance of reference checking

If you have any concerns post-interview, reference checks are essential. You have the ability to speak directly to someone who has experience with the candidate and can answer any remaining questions or queries regarding a person’s ability to carry out tasks.

“Reference checking is still important and making sure that you speak to the right referee, like a previous manager who has supervised them doing the role,” Ms Sullivan explained.

“You don’t want to be asking questions if there is something perceived as discriminatory but you can often find out if they were able to perform the job to the required standard in the past.”

What other areas do you tend to avoid when interviewing potential employees? Tell us in the comments below.