Hiring staff
Can I ask if someone applying for a job has had a previous WorkCover claim?
It is better to ask whether they have any existing or prior injuries that would affect their ability to do the job. This is because a job applicant who answers 'yes' to this question and is refused employment, could make a complaint of disability discrimination.
Can I ask questions about a person’s disability?
Questions seeking information on whether the disability will affect their ability to do the job, and what, if any, additional support or work place adjustments are required, can be asked so you can obtain relevant information which allows you to judge the person’s actual skills and abilities.
Can I ask applicants to undergo a medical test before offering them the job?
Yes, provided the tests are used only to assess the person's ability to perform the key tasks of the job. To do this, it helps to provide the medical examiner with an outline of the particular job requirements.
Should I have a job description for my employees?
Employers should be clear about what they expect employees to do. It may be difficult for some small businesses to write a job description for each employee, but it is useful to be clear about their role and what you expect of them.
I want to employ an attractive woman with 4 years' experience aged between 25 and 35 as a receptionist for my business. Why can't I advertise for this person if I want to?
It is not against the law to discriminate on the basis of appearance, but it is unlawful to discriminate in employment on the basis of a person's age or sex (as well as sexuality, disability, impairment, age, marital status or pregnancy). The best person for the job may be a 24 year old man with 3 years' experience. Any suitably qualified person should be able to apply.
Related information
Types of discrimination: disability, age, sex
Places of discrimination: employment
EO for business: hiring staff
EO for you: finding work
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