Avoiding discrimination during recruitment

Avoiding discrimination during recruitment

This article explains how employers can reduce legal risks and become an employer of choice by avoiding discrimination in their recruiting processes. Employers who adopt fair and transparent hiring practices can attract diverse talent, foster innovation and build a workplace that reflects the broader community.

Legal obligations in recruitment

Employers in Australia are legally required to avoid discrimination throughout the recruitment process. This includes setting selection criteria, drafting position descriptions, advertising roles, and conducting interviews.

Federal, state, and territory legislation prohibits discrimination based on a range of protected characteristics. While these may vary slightly across jurisdictions, they generally include:

• Gender, gender identity, transgender status
• Marital or relationship status
• Sexual orientation
• Family responsibilities and carer status
• Race, ethnicity, nationality, religious or national origin
• Age
• Religious or political beliefs
• Pregnancy, potential pregnancy, breastfeeding
• Trade union or industrial activity
• Disability or impairment (mental, physical, intellectual, psychiatric)
• Medical or criminal record
• Association with someone who has any of the above attributes

There are exceptions to discrimination on some of these grounds, including an exception to disability discrimination where a person’s disability prevents them from being able to perform the inherent requirements of a job. For example, it would usually not be unlawful discrimination for an employer to decide not to hire a person with severe vision impairment as a delivery driver because inherent requirements of the job would include possession of a driver’s licence and the ability to drive safely.

Complying with anti-discrimination laws promotes fairness and diversity and reduces risks of reputational damage and potential legal action, including financial penalties and compensation payments.

Key practices to avoid discrimination

Understand anti-discrimination laws

Employers should be familiar with the legislation that applies in their state/territory and how it applies to recruitment. These laws ensure equal opportunity and prohibit unfair treatment based on personal attributes.

Use inclusive language in job advertisements

Job advertisements should welcome all suitable applicants. They should focus on essential skills and experience and describe the role’s requirements clearly and objectively. They should not include descriptors that imply preference for certain groups, such as “young,” “energetic,” or “mature.” Similarly, job titles should be gender-neutral (e.g. foreperson instead of foreman).

Standardise the application process

Application forms should include consistent assessment criteria and should avoid requesting personal information that is not relevant to the role, as this may introduce bias.

Train hiring managers

Employers should provide training on unconscious bias and anti-discrimination principles to hiring managers and ensure they understand how to conduct fair interviews and assess candidates based on merit.

Use diverse interview panels

Interview panels should include members from varied backgrounds to bring broader perspectives and reduce bias. Interview questions should be consistent across candidates and relevant to the role.

Focus on job-related criteria

Interview questions should assess skills, experience, and suitability for the role. Interviewers should not ask questions about family plans, age, religion, or other personal matters unrelated to job performance.

Consider blind recruitment

Employers can consider removing identifying details such as names, gender, and age from applications to reduce unconscious bias and focus on skills, qualifications and experience.

Provide reasonable adjustments

Employers should be prepared to accommodate candidates with disabilities. While what is reasonable will vary based on the size and resources of the employer, some examples include:

• Accessible interview venues
• Flexible scheduling
• Additional time for assessments
• Remote interview options
• Sensory accommodations (e.g. quiet rooms, adjusted lighting)
• Clear and simple communication

These kinds of adjustments help ensure all candidates can participate equitably in the recruitment process.

Key take aways

• Inclusive recruitment is both a legal requirement and a strategic advantage for employers.
• By adopting fair and transparent hiring practices, employers can attract diverse talent, foster innovation and build a workplace that reflects the broader community.
• Employers face significant penalties and other adverse consequences if they breach anti-discrimination laws. It is therefore important for employers to familiarise themselves with the laws applicable in their state or territory.
• Prospective employees who are aware of their rights under anti-discrimination law are well-placed to identify employers of choice (and employers to avoid).
• The Australian Human Rights Commission’s website includes information about the federal, state and territory anti-discrimination laws.