Illegal Interview Questionsand your responsibilities as an employer.During an interview you must not ask illegal interview questions. As an employer you must be aware of what you can and cannot ask a job applicant. If you ask illegal questions during a job interview you will be in breach of various Anti-Discrimination laws. This may result in litigation being taken against you. Penalties and fines may also be imposed. NSW and Federal laws make it illegal to discrimate against people in many areas. One of these areas is employment. This means that all employees and potential employees must be treated fairly. It is against the law to discriminate based on a persons:
You must ask only job related questions. You must base your interview questions on the specifics of the job. Any that you ask must revolve around the knowledge, skills and abilities that are required for the position. Anti Discrimination Law says that you must not ask questions that may result in the applicants providing personal details. For more detailed information visit the Anti Discrimination Board website. Here you will be able to view and print a Fact Sheet about this topic. The law states that all jobs, including promotions, must be filled based on merit. You must not be prejudiced or discriminate against someone because they are from a minority group. Illegal Questions Include:
These questions are all illegal and against Anti-Discrimination Laws. You must not ask them. See below for some alternatives. Good Interview Questions to AskThere are alternatives to asking the above questions. Instead you could say something like:
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