More information at http://www.worksite.actu.org.au/your...ur-rights.aspx1st job fact: Did you know that asking for particular information, such as marital status or childcare responsibilities or religion, during an interview is illegal?
There are two types of discrimination – direct and indirect.
Direct discrimination is treating someone unequally (or unfairly) simply because they belong to a particular group or category of people. For example, you answer a job advertisement for a receptionist. You’re told over the phone that because you’re a man, you’d be wasting your time.
Indirect discrimination results when a requirement, rule, policy, practice or procedure which appears to treat everyone the same is applied, and it has an unfair effect on particular individuals or groups of people. For example, a job advertisement says that all applicants must have ten years experience in the field. (A young person could be well qualified but is ineligible for the job.)
I think that sets the issue. What the interviewer has done is illegal. So is what some PP are doing. There are not 2 ways around it. ILLEGAL.
You can fight for the law to be changed but what you are doing right now is as illegal as driving at 160kph on the highway.
Last edited by ExcuseMyFrench; 13-12-2012 at 11:08.
They could just be an unreliable person because...it's who they are.
Maybe a better question would be "Are you ever running late?" Because, in my experience, people who are ALWAYS late for things do tend to be unreliable, flaky, unable to organise themselves and be quite self involved. These can be people WITH or WITHOUT children - it doesnt' really matter.
I once worked with a chick who was always late for work because...."Lots of people had to use the shower all at once so I had to wait my turn" WTF??? And here was another collegue with 3 children she had to get organised and choofed off to daycare and school who was always on time - always!
It's a catch 22 - you can't get a job without childcare but you can't AFFORD childcare without a job!!!!
And people say it's soooooo easy for mums to get back in to the workforce
When I interview, I look for responsibility and childcare plans are part of that. It's not the whole issue like this whole thread makes it seem like, it is a very tiny part of the interview. One question and answer and it can tell so much about the person.
You can't prove that OP didn't get the job because of her childcare arrangements or because she's a parent but surely the fact that the question was asked should be enough?
If it's illegal to discriminate then wouldn't be illegal to ask the question? An employer can't say that they're not going to use the information discriminately....but my question then is "Why ask"?
It might seem perfectly reasonable to ask these questions if you are a business owner, but at the end of the day it is illegal to discrimate. So one might have a business to run and that's why they're asking....but if they keep asking they won't have a business to run. Catch 22
I think maybe some rewording of some questions may be appropriate. Asking if there are any reasons why the potential employee feels that they won't be a reliable candidate or if there is anything that can cause the employee to not be reliable would be a better way of getting the information one seeks without asking an illegal question.
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