Tom O'Neil: Be careful what you ask for

Generally, anything that is not relevant to your ability to do the job should not be asked in an interview. Photo / Getty Images

I am always shocked when I receive comments from readers and clients who have been asked the most illegal and offensive questions during interviews. Whether the potential employer is trying to rebel against what they feel is too much PC legislation, or they are just ignorant of New Zealand employment law, illegal is still illegal.

What can I not ask as an employer?

The Human Rights Act 1993 defines prohibited grounds of discrimination as sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, family status or sexual orientation.

Generally speaking, anything personal that is not relevant to your ability to do the job should not be asked. Examples include:

● You look like a Greens supporter — am I right?

● What year were you born?

● What religion are you?

● Have you got a partner?

● Who are you married to?

● What's the name of your wife/husband?

● Are you gay or straight?

● What's your status on [include latest political football]?

● Are you pregnant at the moment?

● When are you planning to start having kids?

The above questions are all pretty direct contraventions of the Human Rights Act, however, we also need to be careful not to ask less direct leading questions, that may skirt the law and unwittingly (or wittingly) gain information that is not directly relevant to the ability of the candidate to do the job asked of them.

On a personal note, I was once asked if I was gay as I had been employed as a receptionist at the start of my career. As well as this, I was once given a lecture about how evil the political party National was during an executive-level interview, then later very subtly asked about my political leanings.

Confidentiality

As a candidate, if you are applying for a role with a competitor to your current or previous employer, be aware that you have some responsibility in terms of confidentiality. Put yourself in your previous employer's shoes and ask if you would be happy if one of your former (or still current) team members was sharing highly confidential information, plans, projects or intellectual property?

Missed out on a role because you "answered wrong"?

If you feel an inappropriate question has been asked during your interview and you have been discriminated against in terms of your answer, an option is to lay a complaint with the Human Rights Commission. While this is a big step for many people to take, if goes a long way to help prospective employers understand their obligations in regards to fair interviewing practices, promote transparency in the industry and stop inquisitive interviewers going too far in their desire to learn more than they need to in regards to fairly and professionally hiring you.

Contact Tom O'Neil and the team at CV.CO.NZ for a free CV assessment or to be your personal career coach. Visit CV.CO.NZ (0800) 282 669 or CareerCoach.nz to find out more.