10 Things NOT to Ask Job Applicants
- Have you finished making your family?
- Please detail your medical history.
- If your children get sick, can someone other than you care for them?
- Have you ever pursued a previous employer for unfair dismissal or unpaid wages?
- Shouldn’t you be thinking about retiring?
- Are you interested in any cash-in-hand work?
- Have you ever made a WorkCover claim?
- Would you be willing to sign a waiver confirming that you understand we can’t afford to pay according to the Award?
- Are you a Union member?
- Your resume didn’t make it clear that you weren’t Australian. Where are you from then?
Questions or comments similar to the above can be flat-out unlawful, a breach of anti-discrimination laws and/or contrary to the general protections provisions of the Fair Work Act 2009 (which also extend to pre-employment situations).
When recruiting for a job vacancy, you can only consider criteria which will impact on a candidate’s ability to perform the inherent requirements of the role they are applying for. With few exceptions, it is advisable to steer clear of questions/comments that relate to an individual’s sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality and/or family responsibilities.
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