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?
- What is your maiden name?
- Do you reside with another person?
- Who cares for the children while you are working?
- Are you gay?
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.
top of pageResponding to inappropriate questions
So what should you do if asked an inappropriate question? Remain pleasant and ask what the relevance of the information is to the job role. For example:
"Could you tell me how my (age / marital status) may be relevant to the job I’m applying for?"
Pointing out that a question is "illegal" or retorting with – "you can't ask me that" will only put the interviewer on the defensive. Alternatively, you can answer the question by positively addressing the underlying concern being expressed.
There will be circumstances in which some of the above information will be required in order to determine whether the applicant will be able to perform the job. In these circumstances the question may be re-phrased from:
"Do you have any children?" or "How many children do you have?" to
"This job requires interstate travel. Are you able to perform overtime and are you able to spend time away from home?"
If you want more information about anti-discrimination laws and employment, contact the Human Rights & Equal Opportunity Commission or the Equal Opportunity Commissioner in your state or territory.