Employees and employers alike should be made aware of the legal implications that can arrive when in a job interview environment. Whilst there will be an intrigue to understand more about the individual in question, they should be asked questions that speak to their level of expertise, experience and perhaps character if necessary. Yet even that later element can include some stipulations that are sensitive.
So what questions should be left off the record and not asked in a job interview when it comes to the law? Here we will put forth the types of questions that are simply wrong and illegal to ask to a potential employee.
Criminal Record Questions
A simple background check of an individual will flag if a citizen has a criminal record. An employer can be entitled to ask if someone has been convicted of a crime before, but not if they have been arrested. A police check can be undertaken both from the company or the individual to take with them to the interview to clear up this matter.
An employer cannot quiz an interviewee based on past illnesses or on a disability. They can be asked generally in the job interview if they believe there is anything that could hamper their performance in the role, but not specifically in regards to their health.
Spouse and Partner Questions
Questions about a partner or spouse and their status of form of work is illegal in a job interview. It does not pertain to the individual who is vying for the position and is completely irrelevant.
The religious status of an individual is the privacy right of that citizen. Unless the role they are applying for is within a religious institution, then that person is protected in the eyes of the law.
Being asked about your past voting record is not something that a potential employer should want to explore from a legal point of view. From the Labor to Liberal parties, Independents, Greens, One Nation or any other type of political party or affiliation, the laws of the nation stipulate that this information is private and the right of all individuals to remain in that manner.
Those individuals who are transgender can be placed in the unenviable and illegal position of being asked about their gender. Should they be put on the spot in a job interview environment to be asked if they are male, female or transgender, that is a blatant violation.
Put simply, an employer cannot interrogate someone based on their sexuality.