What can’t I ask at an interview?

The questions that must be avoided are those that breach the Human Rights Act or have no place in an interview.

The best approach is to keep questioning professional and appropriate when interviewing.

Human Rights Act – 1993, in force as at 1 February 1994 (as at October 1, 2008)

Part 2 Section 21

You cannot ask questions which may indicate a prejudice or preference for clients with certain attributes in these areas:

Sex, including pregnancy and childbirth
Marital status
Religious belief
Ethical belief
Colour
Race
Ethnic and national origins
Disability, including:
- Physical impairment
- Physical illness
- Psychiatric illness
- Intellectual or psychological disability or impairment
- Reliance on guide dog or wheel chair
- Presence in the body of organisms possible of creating illness
Political opinion, including lack of
Employment status, including being unemployed or on a benefit
Family status, including:
- Being related to another person
- Having the responsibility of care for dependents
- Having a relationship with a particular person
Sexual orientation

Exceptions according to Section 27

Sex or age may be a genuine occupational qualification
Job position needs to be held by one sex due to reasons of privacy
You may ask about religion if the duties are substantially similar to someone propagating a particular religious belief, a teacher in a private school, or acting as a social worker within an organization following particular beliefs
Disability may be an issue if it is not reasonable for the employer to provide facilities, and the nature of the duties performed will place the person or others at risk, including infection and illness
Family status may be an issue if it creates a conflict of interest, eg. Reporting relationships between partners, and there is a risk of collusion between them at the detriment of the employer

For more information, please check out the New Zealand Department of Labour website: http://www.dol.govt.nz/infozone/businessessentials/

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