Katie Roberts Career Consulting

Certain topics of conversation are no-go zones during the hiring process, but there are many questions recruiters can ask in an interview that may surprise some candidates. In Australia, we have laws that make it unlawful for employers to ask job applicants specific discriminatory questions. There are situations, however, when you might be asked a question you’re not expecting that is perfectly legitimate.

In Australia we are protected by strong anti-discrimination laws at both a federal and state level. For example, it is unlawful for an employer to discriminate on the basis of a number of protected attributes including age, disability, race, gender, intersex status, gender identity and sexual orientation. However, on the flip-side there are many attributes that are not protected by law and some of the questions that recruiters are legally able to ask may surprise you:

• Do you smoke? Legally, a potential employer can ask you if you smoke since it’s not a protected attribute. Whether or not that employer discriminates against you based on your answer is a grey area but the question in itself is legal.
• Where do you live? Again, this is not a protected attribute. Employers want to know this for many reasons – primarily if your commute is too long and they feel you may not be reliable or that you will get tired of the travel time and leave after a short period. I had a client who lived in a regional area around 60 minutes from the Gold Coast where she was seeking work as a travelling sales rep. She was comfortable with the commute, but was knocked back six times for roles due to the distance. The travel time wasn’t an issue for her since she’d previously lived in Sydney and was used to long commutes, but for Gold Coast natives it was too long.
• Do you have any medical problems? Whilst employers need to be careful here, asking questions about your health or requesting a pre-employment medical check is within their rights. While the question might be okay, it must be asked in relation to any potential health risks associated with the job or the industry, and your ability to effectively perform the job. E.g. If you had an existing issue with your back that would prevent you from lifting boxes or performing some other physical requirement of a role.
• How old are you? Age is usually irrelevant, and it is unlawful to discriminate against someone based on their age (because it’s a protected attribute). However, where age relates to a specific job requirement, such as serving alcohol, then the question becomes a legitimate and legal one.
• Do you have the right to work in Australia? We know that discrimination based on race or ethnicity is most certainly unlawful in Australia, however employers are able to ask you to prove your right to work in Australia. This means they can ask whether you are an Australian citizen or you have an appropriate work visa. In addition, there are certain examples where race might be a genuine occupational requirement – for example where specific local or cultural knowledge is required – particularly in relation to Aboriginal and Torres Strait Islanders.
• Do you have a criminal record? Whilst it is okay to ask this, and it’s also okay for a recruiter to make a job offer conditional upon a candidate obtaining a satisfactory criminal history check, refusing to provide it is not unlawful. In addition, there are limitations as to how the potential employer can use the information. In some states, it is unlawful to discriminate against a job applicant based on the fact that they have a criminal record – providing it is not relevant to their ability to perform the job. For example, if you’re working with people, a conviction relating to violence may be relevant, whereas a theft conviction might not. You also have no obligation to reveal spent convictions (which means you’ve fulfilled the 10 year waiting period from the date of conviction).
• Do you have any tattoos or piercings? While tattoos and body piercings have certainly become more mainstream in recent years, with some employers relaxing their standards regarding visible tattoos and piercings, many employers still have policies that require employees to totally cover or remove them. The fact is there are no current laws that prohibit discrimination against people with visible tattoos, body piercings, unnatural hair colours, or unique hairstyles or other physical attributes. While it may seem unfair to be discriminated against for this reason, appearances still count and it most certainly could occur.

Job interviews can make even the most prepared candidates uncomfortable. If you’re feeling intimidated before your interview, understand that this is not uncommon. Doing some research on the company, being prepared about why you want the role, and having some answers ready that you can draw upon will help you feel confident. Understanding how to answer tricky questions if they’re asked is a great strategy to help you feel better prepared.

If you would like assistance with preparing for a job interview and advice on how to maintain positive body language, build confidence and increase your success rate, see our Interview Training and Coaching Services.