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ARTICLE · 03 AUGUST 2021

Discrimination in recruitment

It is critical that you are aware of these legal risks, before engaging in recruitment. Key considerations for recruiters.

AustraliaEmployment and HR

Under state and federal anti-discrimination legislation, it is unlawful to discriminate against a person on the basis of their age, sex, race, disability, marital or relationship status or carer's responsibilities. This extends to circumstances where an employer makes a decision as to what candidate should be offered a role, or what the terms and conditions of their employment will be, where that decision is even partially based on one of these criteria.

It is critical that employers are aware of these legal risks, before engaging in recruitment.

Set out below are some common pitfalls, and some key considerations, for recruiters in the modern age.

Pitfalls

'Culture fit'

At times, the term 'poor cultural fit' will be used to justify an employee being dismissed, not hired in the first place, or told that they are missing out on a promotion, when there may often be no direct performance-related justification given for this decision. In the modern era of

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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