Can You Ask a Woman About Her Plans For a Family in a Job Interview?
It's 2019 and women are still being asked about their plans to have children in job interviews.
A recent survey by job employment agency Hays found that as many as 13 per cent of women have been asked about their plans to start a family or about their caring responsibilities in an interview.
The survey also found that of the 13 per cent, 22 per cent thought their answers impacted their chance of securing the job.
Managing director of Hays in Australia and New Zealand, Nick Deligiannis said it's simply unacceptable.
“It’s unacceptable that some hiring managers still ask people about their caring responsibilities or their plans to have children,” Mr Deligiannis said.
“In any job interview, the focus should be on the competencies required for the role. People should not ask, or make assumptions, about a person’s commitments outside of work based on their age or gender.”
It's obviously inappropriate to ask a woman about her plans to have kids in an interview, but where does it stand legally?
Section 27 of the Sex Discrimination Act states that it is "unlawful to ask a woman during a job interview whether she is pregnant or intends to become pregnant if that information is requested in connection with determining whether to offer her employment".
"However, you can ask if an individual has any responsibilities that might prevent them from working overtime or staying back when needed," Sharon Bennie, owner of Specialist Property Recruitment told WILLIAMS MEDIA.
It's unlawful to ask a potential employee any questions that are based on age, religion, political stance, race, colour, ethnicity, sex, sexual preference, gender identification, marital status, pregnancy status, potential pregnancy, family responsibilities and breastfeeding, and disability.
But Ms Bennie says there are some instances where an employer can ask about a person's disability.
"Disability can be questioned in some circumstances including real estate, where the employer needs to genuinely determine if you can perform the requirements of the role," she said.
There are also some circumstances where an employer can ask questions about the age where there are salary brackets according to age ranges.
"A company's budget may not stretch beyond that range. But a company should be careful and ensure that it is documented should it be questioned."
What you can do if you are asked a question that you think is illegal
When you're eager for a role, it's hard to refuse to answer a question.
"I would suggest that if you feel comfortable answering it, then do. Most interviewers are probably not meaning to discriminate.
"You are best to be polite and professional and ask something like “Hopefully you don’t mind me asking, but I’d like to know a bit more about the reason for this question, and how the information might be used”? Ms Bennie said.
It is your right to not answer a question on the basis of discrimination, and if you think an interviewer is overstepping the line, you can politely decline the question on the basis that the answer is irrelevant to your ability to perform the role.
For more information on workplace discrimination, visit Fair Work.
- Posted on therealestateconversation.com.au (https://www.therealestateconversation.com.au/2019/03/11/can-you-ask-woman-about-her-plans-family-job-interview/1552241714)