Job ads
When placing a job ad in the paper or online, can I specify the age and sex of the person I'm looking for?
No, unless the job is in a private household. You should instead advertise the skills, abilities, experience or qualifications required. If an award exists which allows junior rates of pay, you may be able to advertise for a junior, but not specify their age. If you think the job can only be done by someone of a particular age or sex you may need to apply for an exemption from the Equal Opportunity Tribunal before advertising.
I saw an advertisement for a job recently which said that preference would be given to people of Aboriginal and Torres Strait Islander origin. Isn't this discrimination? How can they get away with this?
It is an offence under the Equal Opportunity Act to advertise employment or goods and services for sale in a discriminatory way, unless you have an exemption from the Equal Opportunity Tribunal or are using a special measure. Advertisements like this usually indicate that a special need has been identified to provide employment or services for a particular disadvantaged group in the community.
Can I specify the number of years experience I want when advertising?
You should describe the range of skills, experience and necessary qualifications you require, and use wording such as 'demonstrated experience in...' or 'proven experience in...', rather than the number of years experience.
Can I ask for a photo?
Yes, you can: but ask yourself if this is really a job where a person's appearance is relevant. A photo can give information about a person's age, sex, race and sometimes disability. Making decisions based upon any of these characteristics may leave you open to a complaint of discrimination.
Can I ask applicants if they are married or intending to have children?
Questions asked should be relevant to the job. Discrimination on the grounds of marital status and pregnancy is unlawful. Questions such as these may leave you open to complaints of discrimination.
Related information
EO for business - job advertisements
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