Interview questions – what’s legal vs illegal to ask in an interview
Job interviews are a challenging part of the recruitment process for both candidates and employers.
The candidate wants to present themselves in their best light and show that they would do well in the role they are applying for. The employer needs to make sure to ask questions that allow the candidate to highlight their skills and ascertain if they would be the right fit for the role.
Far from being a one-sided conversation, the purpose of a job interview is for both sides to understand if they want to work together. An interview is as much about the candidate deciding if they’d like to work in the company they have applied for as it is about the company deciding if they want to hire the candidate.
It’s an opportunity for both sides to ask important questions to get to know each other better. However, when it comes to interviewing, there are good questions, bad questions and even downright illegal questions.
So, what should you ask (and not ask) in a job interview?
What questions are illegal to ask in an interview?
Questions that are illegal for an employer to ask in an interview setting are usually ones that don’t relate to a candidate’s ability to do their job, or personal questions that could be used to discriminate against them.
Questions such as:
- What is your marital status?
- What are your political views?
- How old are you?
- What is your sexual orientation?
- Are you pregnant or planning to start a family?
- Requests for information about your employment status.
- Requests for information about your health or religion.
These questions would all be illegal in Australia under the Fair Work Act 2009 which makes it unlawful for any information acquired in an interview to be used against the candidate to discriminate based on race, sex, age or disability. Some states have more specific laws against this type of discrimination such as the Equal Opportunity Act 2010 in Victoria, which states that an employer must not request someone to supply information that could be used to form the basis of discrimination.
Are there any exceptions?
The only exception to the legality of these kinds of questions is when they are being asked because the information is reasonably needed for nondiscriminatory reasons.
For example, if a job requires a lot of heavy lifting or manual labor then it is reasonable to ask a potential employee about any health conditions which impede their ability to do the job.
Another exception would be asking someone about their residency or visa status to understand their right to work and capacity to work full-time hours.
As an interviewee what can you do if you think a question is illegal?
If you believe that a question you’ve been asked in a job interview might not be legal or you feel uncomfortable answering, it can be a tricky situation.
It may be that you’re not sure if the question is illegal or not, in which case you can politely ask: ‘would you mind explaining why that information is relevant to my ability to carry out this job?’. If they don’t have a good answer, then it’s likely that your suspicions were right.
Remember that you are under no obligation to divulge information that you don’t want to share and at any point you can simply let the interviewer know that you are not comfortable answering and wish to move on.
As a candidate you have the right to refuse any question and if you feel pressured you’re able to pursue legal action by reaching out to the Fair Work Commission, the Fair Work Ombudsman, or the Australian Human Rights Commission.
Examples of good interview questions for an employer to ask
Try to ask open-ended questions that allow the candidate to demonstrate their skill set and show their personality such as:
- What difficult work situation have you faced, and how did you overcome it?
- What are you most proud of in your professional life so far?
- What is most important to you in a role or work environment?
- What piece of critical feedback do you receive most often?
- Can you tell me about a time that you learned a new skill, and how did you approach the challenge?
- Can you tell me about a time that a professional project did not go to plan, how did you identify the issue and respond to the problem?
Do your best to create a welcoming and comfortable environment for the interviewee to give them the best chance to relax and be themselves. When it comes to identifying the right candidate for the role, some advice would be to consider not just their previous experience but their capacity and willingness to learn, as well as the likelihood that they will be a good culture fit with the existing team and methods of working in your organisation.
Examples of good interview questions for a candidate to ask
As a candidate, it’s also important to have a few great questions up your sleeve to help show that you’re switched on and make you stand out at the end of the interview.
For example:
- What do you personally enjoy most about working at this company?
- How would you measure success in this role?
- How do you support your employees to grow professionally?
- How would you describe the company culture in this organisation?
- Is there anyone else in the organisation that it would be important for me to meet?
- Do you have any hesitations about my qualifications or experience?
When it comes to asking questions as an interviewee, it pays to be bold and honest. Think about what is most important to you in a job and make sure you understand whether the role you are interviewing for will provide it.
Looking for support with recruitment?
As the interviewer, if you ask a question that could be considered inappropriate, the best thing is to apologize to the candidate and ask them not to answer. If they have already answered, or if you feel that they have volunteered the information that could be considered inappropriate, avoid noting down their response and simply move on to the next question.
For more recruitment advice or support finding your ideal role or candidate, speak to a member of the Conquest team today.
