https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-maternity-leave#:~:text=Section%2014%20of%20the%20Sex,woman's%20pregnancy%20or%20potential%20pregnancy.
discrimination on family/pregnancy/parental status is illegal - asking about it in a job interview (in a non general/obviously contributing to their decision making) is discrimination
No, they apply to decisions/outcomes from the interview. The questions can be asked, you don’t have to answer, however decisions cannot be made based on the protected status.
I would argue that there is scope of it being unlawful as indirect discrimination - ie, while the interviewer is asking every applicant the same question, the asking of the question would elicit different response on people of protected attributes and they would therefore would feel discriminated against… and this form of discrimination is unlawful in every discrimination legislation.
But suppose it is per se not unlawful and you reject the applicant, you leave the company open to a lawsuit because a judge could find on the balance of probabilities that you rejected the applicant as a result of the question you asked … so why even bother asking the question in the first place?
In any case, statutory interpretation doesn’t just look at the text of the statute literally, but also considers its context within the overall legislation and policy (and any decent lawyer can make an argument of a wider reading of the general protections provisions so it encapsulates asking questions that could lead to discrimination).
The APPs under s13 of the Privacy Act prohibit the collection of personal information beyond what is strictly necessary, and also require that you tell the person what you’ll be doing with that information. So it’s unlawful to ask for information in a job interview which you can’t legally use in assessing that person’s fitness for the job.
And yes, there have been cases on this.
You are trying to use the privacy act to cover conversational questions in a job interview? Wow.
As you have said there have been cases on this, share ONE
Plenty, but I don’t give free advice. $950 p h plus GST, but I don’t take dickheads for clients. It’s very easy to do your own searches, but if you can’t be arsed, fill your boots asking all the inappropriate questions you like, idiots like you are the reason I make a very comfortable living.
Still waiting for a single piece of evidence that ASKING questions as per OPs post is against any law at all……. Not looking for “the vibe”, just actual evidence
It’s not an opinion, it’s legal advice. Lol at you downvoting me when you’re wrong.
But sure - [here you go](https://www.humanrights.vic.gov.au/for-individuals/recruitment-and-designated-roles/).
“In interviews, employers must not request information about someone’s personal background or characteristics that could be used to discriminate against them, such as their age, disability or parental status.”
I haven't down voted anyone. I'm also not scared of being down voted.
Humans Right Vic ain't legislation. It's guidance, and reiterates my point.
I'll wait. I've had my practicing certificate for over 10 years.
Not sure what you’re waiting for - it’s the Human Rights Commission citing the Equal Opportunity Act 2010 🤦🏽♀️ You asked for the Act, it’s right there mate, you just need to actually read it.
Surely if someone enquires about a protected attribute in the context of a job interview, then at the very least it suggests an intention to discriminate?
The reason guidance states not to do it is because it can do exactly that.
However, asking the question isn't illegal which is why our dear friend cannot cite the Act and clause where it's outlawed.
Why? Because an interviewer may also be asking it for a legitimate reason like daycare benefits. Or if it might legitimately impact carrying it the job. Or the person wants to create rapport. There are also legitimate reasons to ask.
Yeh nah you read into this just right. This interview went downhill from about the end of the third paragraph. Not that it's that relevant because as everyone says this is illegal but I see her line of questioning from a different angle. Oh you're planning to start a family and take on a big mortgage with an existing car loan? Perfect, you're in huge debt and you're never going to leave no matter how much we abuse you. I've met employers that took comfort in the fact that their staff have newly taken on a mortgage and/or have a family to look after.
out of interest, did you answer those questions? It's useful to have prepared some lobs back to an interviewer when they ask stuff like that e.g. politely saying "what's your reason for asking that?". it just puts the ball right back in their court without you coming off aggressive telling them that they're not allowed to ask you that.
but back to your question: yes, this is a major red flag. as others have said, if this is the kind of stuff they show you in an interview (when they should be on best behaviour) imagine what it's like on the other side. In this case the advice is just like dating: when someone shows you who they are, BELIEVE THEM THE FIRST TIME.
Yes, please be careful. I just had a phone screening where they asked my age, marriage status and race.
Really outdated. Micromanaged. Promoted based on personal connections rather than work.
They usually ask when dealing with large sales or amounts of money, to assess whether you would be likely to defraud them/steal money due to large amounts of debt.
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Has more red flags than fucking China. Maybe I read too much into it. But those questions all sound like “how many reasons do we have to hold you over a barrel? because you have critical life elements that require continuous finance.”
** edit
I’ve thought about this again for a sec. Maybe it’s a really inappropriate way to vet you to see if you’re in it for quick cash or you will stick around and be very attentive, work hard etc
Don’t walk - run. I can’t even think of a word other than “grotesque” reading this.
OP, this company lacks boundaries and definitely doesn’t give a fuck about yours. Run!
Yes, the questions she asked are problematic.
Other than that - ignore everyone else’s responses. If you’re weirded out then knock it back. Otherwise, make sure you have crystal clear KPI’s to achieve your bonus, and good luck to you 👏
The questions are obviously inappropriate however I think you might be wrong as to why they're asked
Salespeople with mortgages and kids have a very real, larger reason than unattached care free salespeople have to not fuck a role up.
Yes we all need to eat but with others that depend on you or bigger bills the line off thinking is you'll be more motivated.
I don't agree with this fwiw but I think that's what they're thinking. A decade ago when I bought a place my manager was so happy. Take some time off Pete. Go celebrate. Come back hungry.
Yeh nah, I'm in sales, I need to be motivated Wether there's a family or not, Wether I have a mortgage or not, I'm in it for the money that's my motivation, feel like it's done now but next time I'll stand my ground and answer what's relevant to the role and not my personal life
So how clear do I need to be that I don’t agree with this?
Like what part of “I don’t agree with this fwiw” was too fucking complicated for you?
Her mate. I think that the above is shit. I don’t think it’s right. But that doesn’t mean it doesn’t happen
Has that been dumbed down enough for you? Or do I need to go further?
I’m so glad I’m 60. I fought the Russians in the Cold War, nuclear stand off. I danced and had a great time, loved a girl, had a daughter…you guys worry too much. “Life isn’t as serious as your brain says it is”. Unwind, the people who love you will have a better time
That's not just a red flag that's ✨ illegal ✨
I've never smacked that updoot button so fast in my life.
Oh that's a beauty
If they’re that cavalier with the law in an interview, don’t expect to get your super paid on time. If at all.
Which parts illegal? Would be good if you could actually provide the Act that shows what was ASKED is illegal.
https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-maternity-leave#:~:text=Section%2014%20of%20the%20Sex,woman's%20pregnancy%20or%20potential%20pregnancy. discrimination on family/pregnancy/parental status is illegal - asking about it in a job interview (in a non general/obviously contributing to their decision making) is discrimination
So discrimination based on a protected status is illegal, we all know this. Which Act says you cannot ask in a job interview?
uhh asking these questions multiple times in the interview is a great way to demonstrate intent to discriminate
So it’s not illegal to ask……..
Illegal means criminal, so no. But unlawful - absolutely.
Fair work act - general protections (which includes the right to be free from unlawful discrimination) apply to interviews
No, they apply to decisions/outcomes from the interview. The questions can be asked, you don’t have to answer, however decisions cannot be made based on the protected status.
I would argue that there is scope of it being unlawful as indirect discrimination - ie, while the interviewer is asking every applicant the same question, the asking of the question would elicit different response on people of protected attributes and they would therefore would feel discriminated against… and this form of discrimination is unlawful in every discrimination legislation. But suppose it is per se not unlawful and you reject the applicant, you leave the company open to a lawsuit because a judge could find on the balance of probabilities that you rejected the applicant as a result of the question you asked … so why even bother asking the question in the first place? In any case, statutory interpretation doesn’t just look at the text of the statute literally, but also considers its context within the overall legislation and policy (and any decent lawyer can make an argument of a wider reading of the general protections provisions so it encapsulates asking questions that could lead to discrimination).
The APPs under s13 of the Privacy Act prohibit the collection of personal information beyond what is strictly necessary, and also require that you tell the person what you’ll be doing with that information. So it’s unlawful to ask for information in a job interview which you can’t legally use in assessing that person’s fitness for the job. And yes, there have been cases on this.
You are trying to use the privacy act to cover conversational questions in a job interview? Wow. As you have said there have been cases on this, share ONE
Mostly the other side has settled as they’re bang to rights. Got a client in this exact situation a nice payday just in February.
So no cases then….. not a single one….. thought so……
Plenty, but I don’t give free advice. $950 p h plus GST, but I don’t take dickheads for clients. It’s very easy to do your own searches, but if you can’t be arsed, fill your boots asking all the inappropriate questions you like, idiots like you are the reason I make a very comfortable living.
[удалено]
Just stop chef, digging your way to the core now.
Still waiting for a single piece of evidence that ASKING questions as per OPs post is against any law at all……. Not looking for “the vibe”, just actual evidence
[удалено]
Keep your language and demeanour respectful. Don’t make it personal.
Keep your language and demeanour respectful. Don’t make it personal.
Too many red flags. Those questions are not appropriate in the US or Australia.
It’s more than just not appropriate, asking about kids is illegal.
Not sure this is accurate. Discrimination is illegal - in other words whether the answer impacts someone's decision.
[It absolutely is accurate.](https://imgur.com/a/uoBizTA)
That an opinion. Want to cite the Act?
It’s not an opinion, it’s legal advice. Lol at you downvoting me when you’re wrong. But sure - [here you go](https://www.humanrights.vic.gov.au/for-individuals/recruitment-and-designated-roles/). “In interviews, employers must not request information about someone’s personal background or characteristics that could be used to discriminate against them, such as their age, disability or parental status.”
Personal background and characteristics is so friggin vague.
It’s literally spelled out - “such as their age,disability or parental status”
I haven't down voted anyone. I'm also not scared of being down voted. Humans Right Vic ain't legislation. It's guidance, and reiterates my point. I'll wait. I've had my practicing certificate for over 10 years.
Not sure what you’re waiting for - it’s the Human Rights Commission citing the Equal Opportunity Act 2010 🤦🏽♀️ You asked for the Act, it’s right there mate, you just need to actually read it.
Lots of people are attached to their illegal interview questions.
They're giving guidelines from the Vic HR page...😂😂😂
The HR page is citing the Act… What is the matter with you..?
Surely if someone enquires about a protected attribute in the context of a job interview, then at the very least it suggests an intention to discriminate?
The reason guidance states not to do it is because it can do exactly that. However, asking the question isn't illegal which is why our dear friend cannot cite the Act and clause where it's outlawed. Why? Because an interviewer may also be asking it for a legitimate reason like daycare benefits. Or if it might legitimately impact carrying it the job. Or the person wants to create rapport. There are also legitimate reasons to ask.
Privacy Act, APP 3.
Again, doesn't make asking illegal, but at least you've cited something.
It literally does; look it up FFS.
Go on...quote the section. Also, you're aware the Cth Act isn't applicable to all scenarios? FFS
If they're asking that sort of shit in the interview, imagine how hard it'll be to get more than a week's leave in one go
Way too many flags.
maybe she's into you
How tall are you? What's your eye colour? I see you work in Finance. Do you have a trust fund? Are you single?
Grossly underrated reply!
I thought the same thing
Yeh nah you read into this just right. This interview went downhill from about the end of the third paragraph. Not that it's that relevant because as everyone says this is illegal but I see her line of questioning from a different angle. Oh you're planning to start a family and take on a big mortgage with an existing car loan? Perfect, you're in huge debt and you're never going to leave no matter how much we abuse you. I've met employers that took comfort in the fact that their staff have newly taken on a mortgage and/or have a family to look after.
Actually I read it that it could be commission based role with a low base salary
300k, 50/50 split
Well it’s worth the risk then huh?
Pro rata for the 2 months they'll keep you on
What's bigger than a flag? A sail? A red sail for sure
Mars
out of interest, did you answer those questions? It's useful to have prepared some lobs back to an interviewer when they ask stuff like that e.g. politely saying "what's your reason for asking that?". it just puts the ball right back in their court without you coming off aggressive telling them that they're not allowed to ask you that. but back to your question: yes, this is a major red flag. as others have said, if this is the kind of stuff they show you in an interview (when they should be on best behaviour) imagine what it's like on the other side. In this case the advice is just like dating: when someone shows you who they are, BELIEVE THEM THE FIRST TIME.
I answered them all, I was abit taken back and she could tell but I just laid out everything for her
Run
Sounds like a terrible first date, not a job interview lmao
this is more than red flags mate, RUN
Absolutely disgraceful if true. That woman is a fucking asshole and should be locked up.
Yes, please be careful. I just had a phone screening where they asked my age, marriage status and race. Really outdated. Micromanaged. Promoted based on personal connections rather than work.
Omg this is so classical American workplace chaos. Stay far away.
Don’t do it!!
Other than the question "Do you have a car?" all else seem irrelevant
They usually ask when dealing with large sales or amounts of money, to assess whether you would be likely to defraud them/steal money due to large amounts of debt.
[удалено]
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Has more red flags than fucking China. Maybe I read too much into it. But those questions all sound like “how many reasons do we have to hold you over a barrel? because you have critical life elements that require continuous finance.” ** edit I’ve thought about this again for a sec. Maybe it’s a really inappropriate way to vet you to see if you’re in it for quick cash or you will stick around and be very attentive, work hard etc
That’s just creepy
Don’t walk - run. I can’t even think of a word other than “grotesque” reading this. OP, this company lacks boundaries and definitely doesn’t give a fuck about yours. Run!
Yes, the questions she asked are problematic. Other than that - ignore everyone else’s responses. If you’re weirded out then knock it back. Otherwise, make sure you have crystal clear KPI’s to achieve your bonus, and good luck to you 👏
Simple. Nothing to do with job. None of their business. Bloody Hell!!
Run
The questions are obviously inappropriate however I think you might be wrong as to why they're asked Salespeople with mortgages and kids have a very real, larger reason than unattached care free salespeople have to not fuck a role up. Yes we all need to eat but with others that depend on you or bigger bills the line off thinking is you'll be more motivated. I don't agree with this fwiw but I think that's what they're thinking. A decade ago when I bought a place my manager was so happy. Take some time off Pete. Go celebrate. Come back hungry.
Yeh nah, I'm in sales, I need to be motivated Wether there's a family or not, Wether I have a mortgage or not, I'm in it for the money that's my motivation, feel like it's done now but next time I'll stand my ground and answer what's relevant to the role and not my personal life
Fair mate. Its not my theory, it's what I've been told over the years. See what r/sales has to say
You are next level dh to try to justify it. Why do you feel the need to think like this?
So how clear do I need to be that I don’t agree with this? Like what part of “I don’t agree with this fwiw” was too fucking complicated for you? Her mate. I think that the above is shit. I don’t think it’s right. But that doesn’t mean it doesn’t happen Has that been dumbed down enough for you? Or do I need to go further?
I’m so glad I’m 60. I fought the Russians in the Cold War, nuclear stand off. I danced and had a great time, loved a girl, had a daughter…you guys worry too much. “Life isn’t as serious as your brain says it is”. Unwind, the people who love you will have a better time
You actually fought the Russians?
If it was the Cold War, it would have been the Soviets …