A job interview should be a fair and transparent process where both employer and candidate assess if the role is the right fit. However, some interview questions cross the line – whether intentionally or unintentionally – into discrimination and unlawful hiring practices.
At MARS Recruitment, we believe in fair and ethical recruitment. That’s why we’re sharing important insights on illegal interview questions and how job seekers can respond if faced with one.
What Makes an Interview Question Illegal?
Under Australian law, employers cannot ask questions that discriminate against a candidate based on protected attributes such as:
✅ Age
✅ Gender identity
✅ Sexual orientation
✅ Marital or parental status
✅ Pregnancy
✅ Race or nationality
✅ Religious or political beliefs
✅ Disability
These protections fall under the Fair Work Act 2009 and the Anti-Discrimination Act, ensuring equal opportunity for all candidates.
Examples of Illegal Interview Questions
Age-Related Questions
❌ “How old are you?”
❌ “When do you plan to retire?”
Marital & Family Status
❌ “Are you married?”
❌ “Do you have kids, or are you planning to?”
Religious or Political Beliefs
❌ “Do you attend a particular place of worship?”
❌ “Who did you vote for in the last election?”
Health & Disability
❌ “Do you have any medical conditions?”
❌ “How often do you take sick leave?”
Gender & Pregnancy
❌ “Are you planning on starting a family soon?”
❌ “Will you need maternity/paternity leave in the future?”
Why Are These Questions Off-Limits?
Aside from being unethical, asking these types of questions during an interview can lead to legal action under workplace discrimination laws.
For employers: It’s crucial to focus on a candidate’s skills, experience, and ability to perform the role
– rather than personal attributes.
For candidates: Knowing your rights can help you navigate an uncomfortable situation professionally.
How to Respond to an Illegal Interview Question
If you’re asked a question that feels inappropriate, you have options:
Redirect the Conversation: “I’m happy to discuss how my skills and experience make me a great fit for this role.”
Politely Decline: “I prefer to keep my personal circumstances private, but I can assure you I am fully committed to the role.”
Address It Directly: “I believe this question isn’t relevant to my ability to perform the job. I’d be happy to discuss my professional qualifications.”
Report the Incident
If the question was clearly discriminatory, you can report it to:
– Fair Work Ombudsman
– Australian Human Rights Commission
Creating Fair Hiring Practices
At MARS Recruitment, we take ethical hiring seriously. We ensure that all interview processes are aligned with fair hiring laws, giving every candidate an equal opportunity to succeed.
For businesses, it’s essential to train hiring managers on compliant interview practices to avoid potential legal risks. And for job seekers, knowing your rights can help you confidently navigate the recruitment process.
💡 Looking for a recruitment partner who values fair hiring? Whether you’re an employer wanting to refine your interview process or a job seeker looking for the right opportunity, MARS Recruitment is here to help!
[DISCLAIMER] The information provided in this article is for general, informational purposes only and should not be construed as professional advice. Individuals are encouraged to seek guidance from qualified career coaches or advisors when navigating career transitions.
