Unlawful discrimination risks in recruitment - Australia

Introduction

A recent decision has highlighted the need for employers to comply with their anti-discrimination obligations during interviews with prospective employees, or risk potential litigation.

Recent decision

The Queensland Civil and Administrative Tribunal (QCAT)¹ has ordered a Gold Coast manufacturer, Goldpath Pty Ltd, to apologise to a potential employee for unlawfully asking him unnecessary questions about his age and parental status during an employment interview.

The complainant attended an interview for a job at Goldpath's warehouse. The questions asked of the complainant during the interview included whether he had any children, what his date of birth was and the number of sick days he had taken in his prior employment.