The illegal questions most likely to be asked in an Aussie job interview

Anti-discrimination laws forbid certain questions to be asked in a job interview. But that does not stop employers snooping around to discover ages, disabilities and intentions to have children.

Snooping employers have been busted asking illegal questions in job interviews, with two in five Aussies finding themselves in a conversation about an off-limit topic.

The most common lines of illegal questioning focused on age or marital status.

SEEK research revealed a quarter (24 per cent) of jobseekers had been asked how old they were, and this jumped to 34 per cent for those younger than 25.

Meanwhile, almost a fifth (18 per cent) of jobseekers faced questions about husbands or

It is illegal for an interviewer to ask your age if it does not relate to your ability to perform the role. Picture: iStock

wives, and those aged 35 to 44 were targeted in particular (31 per cent).

Other questions potentially leading to discrimination were about parental status or the intention to have children (12 per cent), disability (7 per cent), tattoos (7 per cent), cultural or ethnic background (7 per cent), religion (5 per cent), union membership (4 per cent) and weight (4 per cent).

SEEK human resources director Kathleen McCudden suspected this was an issue of education and awareness more often than deliberate discrimination by employers.

“There are times during an interview process that an interviewer is trying to build rapport and they may be asking questions they don’t realise are illegal, not that it is an excuse,” she said.

“They may be being conversational, asking about their family or how old they are and in fact these questions are illegal and they can make people feel uncomfortable as well.

“Consciously or unconsciously (such questions) can impact a hirer’s decision on whether they proceed with a candidate.”

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The research showed 82 per cent of jobseekers who were asked an illegal question still answered it.

“Some candidates may not understand these questions are illegal or they feel compelled to answer because in an interview the power balance is with the interviewer,” Ms McCudden said.

“Sometimes people don’t feel it is OK to say ‘I’m not going to answer that’.”

Some questions are not only illegal but can make the jobseeker feel uncomfortable. Picture: iStock

About two in five jobseekers who answered an illegal interview question and missed out on the role believed their answer affected the outcome.

Bennett & Philp litigation and employment law expert Michael Coates said a jobseeker in this situation could make a complaint to an anti-discrimination or equal opportunities commission or Federal Human Rights Commission – although it was not likely to do them much good.

“It is difficult for the candidate to show that they have suffered any loss simply because the interviewer has asked an unlawful question,” he said.

“Simply to suspect or believe that you have been discriminated against does not meant that you are able to prove that to the requisite legal standard.

“Such matters can be very time-consuming and stressful and, if the complainant has legal representation, very expensive.”

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