Discrimination In general, questions about the applicant’s marital and family status, age, health,

religious and political beliefs or other protected attributes (see Part 4 Anti-discrimination and adverse
action) should not be asked in an interview.

Faith-related matters While being mindful of unlawful discrimination, for most positions in Catholic
schools, it will be necessary to ascertain whether the applicant understands, and is prepared to commit
to and adhere to the principles of Catholic education. This is particularly important for teaching positions
and other roles where the staff member has significant contact with and influence over students (e.g.
school counsellor). This information can be sought in a non-discriminatory way. The panel should not
focus on whether the applicant is a Catholic but whether the applicant meets the selection criteria
including any faith-related requirements (see Part 6 Position description).

The panel must be sure that the preferred applicant is able to perform the inherent requirements of the
position. If an applicant has a disability or impairment, the school may need to provide special facilities
or make reasonable adjustments to enable the applicant to perform the inherent requirements of the
position. However, the key point is that the successful applicant must be able to perform the inherent
requirements of the position, even if some adjustment is required to enable them to do so (see Part 10
Interview – Special facilities/adjustments for disability)

Adverse action The Fair Work Act 2009 (Cth) contains general protections that prohibit an employer
from taking unlawful ‘adverse action’ against an employee or a prospective employee.6 Examples of the
type of adverse action that could be taken by an employer against an employee or prospective
employee during the recruitment and selection process include: • not affording them their legal rights or
entitlements • changing their job to their disadvantage • treating them differently than others • not
hiring or promoting them • taking investigatory or disciplinary action against them • offering them
different (and unfair) terms and conditions, compared to other employees • discriminating against
them. Taking the actions described above is not of itself unlawful. Adverse action is unlawful only if the
action is taken for one of the following reasons: • the employee/prospective employee has or proposes
to exercise a ‘workplace right’ (meaning they are entitled to a benefit under a workplace instrument or
workplace law or, for employees, are able to make a complaint or enquiry in relation to their
employment) • the employee/prospective employee is or is not a member/officer of a union • the
employee/prospective employee has engaged or proposes to engage in industrial activity • a
discriminatory reason (that is, based on the employee/prospective employee having one of the
attributes described above). Exemptions There are certain exemptions to unlawful discrimination that
apply to religious bodies and religious schools. Under the Equal Opportunity Act 2010 (Vic.), an act done
because of someone’s religious belief/activity, sex, sexual orientation, lawful sexual activity, marital
status, parental status or gender identity that would otherwise be discriminatory may be lawful if the
act: (a) conforms with the doctrines, beliefs or principles of the religion; or (b) is reasonably necessary to
avoid injury to the religious sensitivities of adherents of the religion.7 A similar exemption is contained
in the Fair Work Act 2009 (Cth) in relation to adverse action based on a discriminatory reason.8 Given
the complexity of these exemptions and the risk of claims of unlawful discrimination or adverse action,
schools should obtain industrial and/or legal advice before taking any action in reliance on these
exemptions.

Job applicants have legal rights even before they become employees. Under federal law, an
employer cannot illegally discriminate in its hiring processs based on a job applicant's race,
national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify
additional protected classes based on factors such as the sexual orientation of a job applicant.
Employers must abide by anti-discrimination laws at each stage of the hiring process, from
placing a job ad, to interviewing, to the final selection of the candidate to be hired. Download
FindLaw's Guide to Hiring [pdf] to keep a handy guide to your rights in the hiring process.

Note: an employer may discriminate on some bases if a "bona fide occupational qualification"
(BFOQ) exists -- when the trait in question is a valid and necessary job requirement.

Employer Interview Questions

Generally, employers should avoid questions that relate to classes that are protected by
discrimination laws. Following are types of queries that should be avoided by employers
during the interview:

 Whether the applicant has children or intends to have children.

 Marital status of applicant.
 Applicant's race.
 Applicant's religion.
 Applicant's sexual preference.
 Applicant's age (other than inquiring whether over age of 18).
 Whether applicant suffers from a disability.
 Applicant's citizenship status.
 Questions concerning drug or alcohol use by the applicant.

An applicant may raise questions related to the above areas during a job interview. If so,
the employer may discuss these topics to the extent necessary to answer the
applicant's questions.

5. Employees, former employees, and applicants who feel they have been
discriminated against based on race, color, religion, sex (including gender
identity, gender stereotyping, sexual orientation, and pregnancy), national
origin, age (40 or older), disability (mental or physical), genetic information,
or reprisal should present their complaint as outlined below:

 EEO policies to promote workplace diversity and create a safe workplace

for all employees. Likewise, it is best for all employers to have such a
policy, regardless of the business’ size. race;
 ethnicity;
 colour;
 sex;
 sexual orientation;
 gender identity;
 relationship status;
 family or carer responsibilities;
 pregnancy;
 mental or physical disability;
 religion;
 political opinion; or
 age.
 . For example, under the Workplace Gender Equality Act 2012 (Cth), some
Australian employers must report on how they promote gender equality
in the workplace.
Equal Employment Opportunity is fair treatment in employment, promotion, training, and other personnel
actions without regard to race, color, religion, sex (which includes gender, sexual harassment, and
pregnancy), age, national origin, reprisal (for prior EEO activity), physical or mental disability, genetic
information, status as a parent, and sexual orientation.