8 min read

Beyond the Bias: How to Avoid Discriminatory Questions in Interviews

Avoiding discriminatory questions in interviews protects both your business and your candidates. Focus on job-related questions to ensure fairness, compliance, and professionalism in every hiring decision.

Recruitment is about more than finding the right person for the job. It is also about building a fair process where every candidate feels respected and treated equally. As someone who works in hiring—whether as an HR Manager, Talent Acquisition Specialist, Manufacturing Executive, Production Manager, Small Business Owner, or Recruiter—you carry the responsibility of protecting both candidates and your business.

As you prepare your next interview, one of the most important things you can do is avoid discriminatory questions. Asking about a candidate’s personal life, background, or identity in ways that are irrelevant to the role can lead to legal trouble, reputational harm, and missed opportunities to hire skilled workers.

This guide will give you the knowledge and tools to keep your interviews professional, fair, and legally sound in Australia.

Why Avoid Discriminatory Questions?

You may think a harmless question about family, background, or personal habits is just small talk. However, interview questions that relate to protected classes can cross into illegal territory. In Australia, anti-discrimination laws cover factors such as:

Age
Gender
Sexual orientation
Marital or relationship status
Pregnancy or potential pregnancy
Race or ethnicity
Disability
Religion or political belief

If you touch on these areas during an interview, you are not only breaching trust but also risking a discrimination claim. Candidates have the right to fair treatment, and as an employer, you have a legal obligation to avoid bias.

Think of it like fishing. You want to cast your line where the fish actually are—the skills, experience, and qualifications—not where the water is muddy with personal details.

Common Discriminatory Questions to Avoid

Sometimes bias sneaks in without you realising it. To help you keep your interviews lawful, here are examples of illegal inquiries you should avoid:

“How old are you?” or “When do you plan to retire?”
“Do you have children, or are you planning to start a family?”
“What country were you born in?”
“What religion do you follow?”
“Do you have any medical conditions?”
“Are you married?”
“Do you speak English at home?”
“Who do you live with?”

These questions might feel conversational, but they are legally risky and irrelevant to job performance. A candidate’s ability to do the job is not defined by their family, faith, or health.

Lawful Alternatives You Can Ask

Instead of treading on protected areas, focus your interview questions on what matters: the job. Here are safer and more effective alternatives:

Instead of “Do you have children?” ask: “Are you able to meet the work schedule required for this role?”
Instead of “Where were you born?” ask: “Are you legally permitted to work in Australia?”
Instead of “Do you have any health issues?” ask: “Do you have the capacity to perform the essential duties of this job with or without adjustments?”
Instead of “When do you plan to retire?” ask: “What are your career goals for the next five years?”

These adjustments keep your questions aligned with the role while respecting personal boundaries.

Understanding Interview Laws in Australia

Australia has strong anti-discrimination protections under both federal and state laws. At the federal level, legislation such as the Fair Work Act 2009 and the Sex Discrimination Act 1984 set out clear expectations for employers. States and territories also have their own laws that reinforce these rights.

For example, the Equal Opportunity Act in Victoria and the Anti-Discrimination Act in New South Wales expand on protections at the local level. As someone responsible for hiring, you need to know these rules like the back of your hand.

In simple terms: If a question is not directly connected to the role’s requirements, you probably should not ask it.

The Business Risks of Getting It Wrong

It is not only about being fair. It is also about protecting your organisation. Asking discriminatory questions can result in:

Legal claims: Candidates may file complaints with the Australian Human Rights Commission or Fair Work Commission.
Financial costs: Compensation, penalties, and legal fees can add up quickly.
Reputational damage: Word spreads fast, and being known as an unfair employer makes it harder to attract talent.
Missed opportunities: When you focus on irrelevant questions, you overlook skilled candidates who could have added value to your business.

Think of it as stepping on a rake in the middle of your own garden. One careless move, and you are the one left with the headache.

Best Practices for Fair Interviews

If you want to keep your interviews professional and respectful, here are practices you can put in place right away:

Prepare structured interview questions. Write them down in advance so you stick to role-related topics.
Train your interviewers. Make sure anyone involved in recruitment knows what they can and cannot ask.
Keep records. Document interview questions and candidate responses. This helps defend your decisions if challenged later.
Focus on skills and experience. Ask behavioural and situational questions that show how the candidate would handle job-specific scenarios.
Be consistent. Ask the same set of questions to all candidates applying for the same role.

By taking these steps, you build a fair process that protects candidates and keeps your business out of hot water.

How RefHub Can Support You

Avoiding bias in interviews is easier when you have the right resources. RefHub provides practical tools to help you design lawful and effective hiring processes. You can access free how-to hire guides and templates here to guide your team.

These resources can save you time, keep your recruitment consistent, and protect your business from accidental missteps.

Final Thoughts

When you sit across from a candidate, your words matter. The questions you ask can either open the door to fairness and trust or close it with bias and risk. By focusing on job-related inquiries and avoiding discriminatory questions, you protect your organisation and create a respectful hiring process.

If you want to keep your recruitment process professional and legally sound, RefHub is here to guide you every step of the way.

Take the guesswork out of recruitment. Download RefHub’s free how-to hire guides and templates today and build interviews that are fair, lawful, and effective.