There are interview questions you just shouldn't answer.
You submitted a killer CV and have been shortlisted for a great job.
But during the final interview you're asked a question that makes you feel extremely uncomfortable. Perhaps it's about your sexuality, whether you've previously been sacked or maybe your ability to balance career and family. What do you do?
In the buoyant job market of six months ago the answer may have been to simply terminate the interview. But with jobs now less abundant, many job seekers are brushing up their knowledge of which questions employers can reasonably ask and which ones they have a right to decline.
Armed with the facts, it's easier to make a decision to respectfully decline a dodgy question, decide to answer it even though it's illegal or make for the door.
Debbie Jayne, a certified interview coach and director of resumesonline.com.au, says while your potential boss is entitled to grill you to find out what kind of worker you would make, a range of federal and state laws make many lines of questioning illegal.
"All questions really should be directly connected to the job and the position description," Jayne says. "It is important that interviewees can spot illegal questions, for example questions around age, race, colour, sex, religion, disability, national origin [and] pregnancy."
Other questions bosses are prohibited from asking, in most circumstances, are those about your relationship status, children, your spouse's details, your workers compensation record and your attitude to unions.
Jayne says despite being protected by the law, canny job applicants will often use tact rather than outrage to address a discriminatory question.
"[It may be a question] like 'How old are you?' " she says. "Some of the ways around this are by answering along the lines of: 'If it is all right with you, I would prefer it if we get back to questions around the job.'
"[Alternatively you] can use age as an advantage and answer with 'I have the knowledge and wisdom to apply my skill set successfully in your company. My previous employers have always commented on my strong track record, my stable and consistent work history and my ability to always commit 110 per cent of my time to the job.' "
Jayne says while some applicants may wish it were illegal, employers are entitled to ask probing questions about things like holes in your employment history. They can also legally ask if you have ever been fired.
"You can be asked 'Why are there employment gaps on your resume?' It's best to be honest, so replying with something like, 'Yes I have had some time off between jobs to care for a family member. But now I am very enthusiastic to return to work using my skills and knowledge to the best advantage' can work.
"[You could also try]: 'I took some time off to rethink my career goals and I found this position to be aligned with my career direction. I feel that I can offer added value to your company.' "
Dr Ann Villiers, author of the book Mental Nutrition and a specialist in interview coaching for the public service, says it is usually smaller companies that fall into the trap of asking questions they shouldn't.
"The risk lies . . . with small businesses who don't have HR support, don't know what they should know and may be tempted to think it's easier for them to get away with unprofessional behaviour," she says.
Villiers warns there are some questions that may sound dodgy that are not. "For example, asking an applicant if they are aware that a non-marital spouse cannot get work in the country where the job is located may sound suspect but is in fact legitimate," she says. "If recruiting for a job in a country where only married spouses can obtain a work permit, then there is an obligation to ensure that applicants understand this. The question is not asking about whether the person is married, whether their spouse will move with them. It's about making sure people fully understand the implications of the job."
Villiers says there are a number of options available to interviewees if they feel uncomfortable about answering certain questions.
"You can make it clear you think the question is inappropriate and decline to answer or even terminate the interview if you feel that strongly about it," she says.
"Alternatively, seek further clarification about intention and relevance by saying something like 'So I can understand what you'd like to know, would you please explain which job-related skill we're talking about' or you can provide a vague response.
"But you must remember that there are levels of risk associated with each response."
