Questions that Overseas Recruiters must avoid/rephrase

Overseas recruiters must avoid/rephrase certain questions at the job interviews. It is illegal to discriminate against prospective employees. This could be based on mental or physical disability, religion, pregnancy, marital status, social origin, national extraction, family etc.

Below are 4 questions that are potentially discriminatory or illegal. The alternate way out has also been suggested:

1. What is your age?

The documents of the potential employee such as driver’s license will have their age details. If this is used to discriminate against them, it is unlawful.

Alternate way:

The best practice for an Overseas Recruiter is to ask for such documents after the job offer has been made. Alternatively, the offer can be conditional also subject to the submission of relevant documents, as quoted by the Insight Resources Seek.

2. How do you balance work and family responsibilities?

It is unlawful to discriminate against the potential employee based on their family status such as if they are a single parent.

Alternate way:

The safe way out will be asking the interviewee whether they can commit to working for specific hours according to McDonald Murholme Principal Lawyer Andrew Jewell.

3. Are you currently employed?

It is unlawful to discriminate against the candidates because of their work status – being on a benefit, unemployed, or employed.

Alternate way:

It is lawful to determine when the candidate would be able to start in the role. So you can ask them – ‘When will it be possible for you to start’?

4. Did you have any past illness/injuries?

It is illegal to ask this question as it relates to disability/protected attribute.

Alternate way:

You can instead ask whether the candidate has any health conditions that would imply an inability to lift heavy items. They can also be asked if there are any medical conditions that would imply an inability to cater to the duties required for the role in question.

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