An interview provides an employer with an opportunity to get to know prospective employees and assess their suitability for employment. Often, there are many questions an employer wants to ask a prospective employee — however, care should be taken to avoid questions which can later be relied on by the interviewee to mount legal claims.
Under both federal and state legislation, it is unlawful for an employer to discriminate against a prospective employee based on a protected characteristic.1 A protected characteristic includes race, sex, sexual orientation, age, disability, marital status, family responsibility, pregnancy, religion, ethnicity and political opinion. In Victoria, physical features are listed as an additional protected characteristic, which includes a person’s height, weight, size or other bodily features.2 Australia has also declared criminal record as a ground of discrimination.3
