Questions that should not be asked in an interview

During an interview, although the company are assessing whether you will be a good fit for the team, you are also making sure the company and role will suit you and your lifestyle. To gain as much as you need to during your interview, it’s important to have a back pocket of interview questions for your future employer. While most of your questions may be smart and well-considered, there are some questions that are red flags for interviewers. 

To make sure your winning interview doesn’t go south, here’s the questions you should avoid asking at all costs.

What does the person do in this role?

A detailed job description is usually always provided with any job application and should outline the key responsibilities required of the successful candidate. Asking this question suggests a lack of enthusiasm and interest in the role from not having read the job description properly. If you do have require additional information about the role, ask for this prior to the interview as you want to know what you’re signing up for.

What does the company do?

Rule number one of entering any job interview is having a good background knowledge of the company behind you. Not only will asking this question show that you haven’t spent the time to do any research, it could also make the interviewer question your capability to do the job.

Do you have any other positions apart from this one?

This question displays arrogance in your abilities to do any job. It also shows a lack of interest in the role at hand.

although the company are assessing whether you will be a good fit for the team, you are also making sure the company and role will suit you and your lifestyle.

Will I have long hours?

Although it is important to find out what your working hours will be, this question could make you come off as being lazy. Instead, ask the question ‘What are the working hours for this role?’ or ‘Is there a positive work-life balance?’

How much holiday do you offer?

Any benefits you receive with the job will be discussed once you receive a job offer and not discussed in the interview. Asking questions around what benefits you will receive can undermine the interest you have in the role and might make it look like you assume you have succeeded in landing the position.

What will my salary be?

Salaries are usually displayed on the job advert to give you a rough idea as to what you can expect. Any questions surrounding the salary should be discussed at the time of the job offer and not during the interview.

Do you have an interview approaching? Head to our Interview tips hub for essential tips and advice to help you stand out.

Before you head to an interview, it’s important to be aware of the questions that recruiters and employers shouldn’t be asking you.

Employers use job interviews as a way to work out how suitable you are for a role – and the interview is an ideal opportunity to discuss your skills and expertise.

But there are limits to what employers can or should ask you about. Here’s what you need to know.

What is acceptable for employers to ask?

A job interview is designed to help employers work out whether or not you’re the most suitable person for a role. This means that the questions you’re asked should relate directly or indirectly to your ability to perform the role, says Trent Hancock, Principal of Jewell Hancock Employment Lawyers.

“While questions about certain personality traits that may be relevant to the role are understandable, for example, ‘How do you deal with stressful situations at work?’, questions about irrelevant personal attributes are not, for example, ‘Do you suffer from any mental health issues?’,” Hancock says.

It all comes back to what information they’re seeking and why, he explains. “The distinction lies in the motive behind the question being asked and the relevance of the information the interviewer is trying to obtain.”

Questions that employers can’t legally ask

In Victoria, the Equal Opportunity Act 2010 (Vic) provides that a person mustn’t request or require someone to supply information that could be used to form the basis of discrimination, Hancock says.

“This means that employers in Victoria cannot ask questions about a candidate’s personal attributes if they are irrelevant to the role being applied for.”

A personal attribute includes for example questions about your age, gender, ethnicity or sexuality. “The reason you cannot be asked to supply information about these attributes in Victoria is because usually they have no bearing on your ability to perform the role,” Hancock adds.

While other states and territories in Australia do not necessarily have a similar prohibition, Hancock adds that it is unlawful under Fair Work Act 2009 for an employer to use information obtained in an interview process to then discriminate against you on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

“The right not to be discriminated against doesn’t just apply to existing employees,” he says. “It also extends to “prospective employees” such as job candidates and ensures that they are not denied job opportunities for discriminatory reasons.”

This means that most questions about irrelevant personal attributes should be off limits. For example, the following questions will usually be unreasonable in most interviews:

• Are you in a same-sex relationship?
• How old are you?
• What’s your ethnic background?
• What religion are you?
• Are you pregnant or planning to start a family?
• Who do you vote for?
• Do you have a physical or mental disability?

“In most cases, the answer to these questions will not shed any light whatsoever on your ability to actually do the job,” Hancock says. “Therefore, the fact that these questions are even being asked by an employer can suggest an intent or desire to discriminate and should therefore be avoided."

Are there exceptions?

A broad exception to this general rule exists if the information is being requested because it’s reasonably required for a non-discriminatory purpose.

“For example, if a person was applying for a role at a warehouse that required heavy lifting, it would be lawful and reasonable for the employer to ask about any physical disability that might impact your ability to perform that heavy lifting,” Hancock says.

“In this scenario, the question about the personal attribute goes directly to your ability to perform the role and is therefore reasonable.”

What you can do if you’re asked a question that you think may lead to discrimination

Even when a question seems off limits to you, when you’re eager for the role it can feel difficult to refuse to give an answer.

Responding in a way that redirects the conversation may help. “If an interviewer steps out of line and asks a question that could potentially lead to discrimination, politely respond that you do not believe that the answer is relevant to your ability to perform the role,” Hancock says. Depending on how the question was asked, this might be as simple as saying, ‘I’m interested to know how that relates to the role. Can you tell me a little more?’

“Ideally, this response will cause the interviewer to realise their misstep and withdraw the question. You can also use it as an opportunity to pivot the conversation towards the strengths that you do have that are actually relevant to the role”.

By sensitively responding to what you think is a discriminatory question, it may also encourage the interviewer to explain why they think the question is relevant to the role. It may be that the question is required for a non-discriminatory reason.

But remember, whether you’re an employee or potential employee, you should never feel pressured to answer a question that requires you to supply information that could be used to discriminate and has no direct bearing on your ability to perform the role.

Hancock says you should stand firm if you’re asked clearly discriminatory questions, and know that you can take legal action against a prospective employer if you’ve been discriminated against during an interview process.

Ultimately, what an employer asks you in an interview should relate to the job and how suitable you are for it. It can be uncomfortable to refuse or avoid a question, but knowing what’s off limits and having a simple response at the ready can help you to feel more confident and in control.

For more information on workplace discrimination, visit Fair Work.

Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.