You can’t ask that! Interview Questions to Avoid

Job interviews are vital to securing employment. They are an opportunity to showcase your skills, connect with potential employers, and land that dream role. However, not all questions asked in interviews are fair game. Some can veer into territory that’s not only inappropriate but outright illegal. So, what are these eyebrow-raising questions, and why should they be avoided?

Let’s dive into the dos and don’ts of interview questions, helping job seekers and employers stay on the right side of Australian workplace laws.

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What Are Illegal Interview Questions?

Illegal interview questions go beyond assessing qualifications and violate anti-discrimination laws, such as the Fair Work Act 2009, the Australian Human Rights Commission (AHRC) Act 1986, and other state-specific legislation. These laws aim to prevent discrimination based on protected attributes such as

• Age
• Gender identity or sexual orientation
• Marital or relationship status
• Family responsibilities
• Pregnancy
• Race, nationality, or ethnic origin
• Religion
• Disability or medical conditions

Common illegal interview questions:

1. Age

The question: “How old are you?”

Asking about age is strictly off-limits. Why? Because it opens the door to age discrimination, whether intentional or not. Employers must focus on skills, experience, and qualifications—not birth year.

Instead, employers should focus on the candidate’s experience and ability to meet the role’s requirements.

2. Marital or Relationship Status

The question: “Are you married?” or “Do you plan to have children soon?”

It might sound innocent, but questions about relationships or family status can be a red flag. Employers might assume that having a family will affect availability or commitment, which isn’t fair—or legal.

Instead, “Can you commit to the work schedule required for this position?”

3. Gender Identity or Sexual Orientation

The question: “What’s your sexual orientation?” or “How do you identify?”

Gender identity or sexual orientation does not affect qualifications for a role. These questions can create a hostile environment and leave candidates feeling excluded.

Instead, ask questions that assess the candidate’s skills and qualifications, excluding personal identity.

4. Race, Ethnicity, or National Origin

The question: “Where are you from originally?”

While curiosity about someone’s background can seem conversational, it’s inappropriate for a job interview. These questions can easily lead to discriminatory hiring practices.

Instead, “Are you legally authorised to work in Australia?” is the only acceptable version of this question.

5. Religion

The question: “What’s your religion?” or “Do you observe certain holidays?”

Religious beliefs have no place in a hiring decision. Asking about religion is not only intrusive but also irrelevant to the workplace unless it directly relates to the role (for example, working in a faith-based organisation).

Instead, “Are you available to work weekends if required?”



6. Disability or Medical Conditions

The question: “Do you have any disabilities or health issues?”

The AHRC specifies that employers should only ask about medical conditions if they directly impact the candidate’s ability to perform essential job functions. Even then, these questions should be handled sensitively and focus on reasonable adjustments rather than excluding candidates.

Instead, “Can you meet this role’s physical or mental demands, with or without reasonable adjustments?”

Less Common Illegal Questions and What to Ask Instead

Some questions may seem innocuous but can still breach anti-discrimination laws. Here are subtler examples and their legal alternatives:

Question: “What political party do you support?”

Instead, “Do you have any affiliations or memberships relevant to this role?”

Question: “Have you ever taken personal leave for mental health reasons?”

Instead, “Can you meet the role’s requirements, including attendance?”

Question: “What language do you speak at home?”

Instead, “Do you speak [specific language] required for this role?”

Question: “Do you own or rent your home?”

Instead, “Can you reliably attend work at this location?”

Question: “Do you have a criminal record?”

Instead, “Are you aware of any legal barriers to performing this role?”

Question: “What clubs or organisations do you belong to?”

Instead, “Do you hold any professional memberships relevant to this role?”

Question: “How long do you plan to stay in this role?”

Instead, “What interests you about this role and our company long-term?”

Question: “What holidays do you celebrate?”

Instead, “Can you work on the dates required by the role?”

Why These Questions Matter

Asking illegal interview questions isn’t just a breach of ethics—it can have serious legal consequences. Employers who ask inappropriate questions risk complaints to the Australian Human Rights Commission or other regulatory bodies, potential fines, and damage to their reputation.

For candidates, being asked an inappropriate question can feel uncomfortable or intimidating. It may indicate an employer who does not prioritise inclusivity or fairness, raising red flags about workplace culture.

Final Thoughts

Interview questions are a powerful tool; they let employers learn about candidates and help candidates show why they’re the ideal fit. However, it undermines the entire process when questions cross the line into personal or discriminatory territory.

For candidates, knowing your rights gives you confidence to handle any situation. For employers, sticking to fair and relevant questions ensures you’ll attract top talent while staying on the right side of the law.

So, the next time you prepare for an interview as a candidate or an employer, remember to keep it professional and relevant and leave the eyebrow-raising questions behind.

Further Information and References

For more details about workplace rights and anti-discrimination laws in Australia, visit:

• Fair Work Ombudsman
• Australian Human Rights Commission
• Safe Work Australia
• Your state or territory’s anti-discrimination commission

For further support in navigating the hiring process or interview preparation, contact Lync Dental.

Disclaimer

This article is intended for informational purposes and does not constitute legal advice. While every effort has been made to ensure accuracy, laws and regulations may change, and applying these laws can vary depending on individual circumstances. We recommend consulting a qualified legal professional or relevant authority for specific legal advice or concerns regarding workplace rights.