Posted on: Jul 27, 2012
It is unlawful to advertise in a manner that indicates an intention to discriminate or could reasonably be understood as indicating an intention to discriminate. It is also unlawful to allow a discriminatory advertisement to be published. Thus, an employer that places a discriminatory advertisement and the newspaper that runs the advertisement both act unlawfully.
The Human Rights Commission has launched Getting a job, an A to Z of pre-employment guidelines to help both employers and job seekers to know their rights and responsibilities in the hiring process. This concise, plain-language guideline tackles questions commonly fielded by the Commission – about five per cent of new inquiries and complaints to the Commission’s Infoline are about pre-employment issues such as job advertising, applications, interviews and candidate selection. All the curly issues are covered, from body piercings and credit checks, to sexual harassment and drug testing.
The guidelines are available from the Commission’s website.
Note: Private households – Where the position is one of domestic employment in a private household, it is not unlawful for an employer to discriminate on the basis of sex, religious or ethical belief, disability, age, political opinion or sexual orientation.
There are also other exceptions that apply in certain circumstances. If you require more information regarding discrimination in your recruitment process please don’t hesitate to call us.
This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.