As an employer, it is your legal obligation to avoid discrimination when you recruit workers.
Under Victorian and federal anti-discrimination laws, a person has a right to be appointed to a position if they are the best person for the job, regardless of their background or personal characteristics.
Each step of the recruitment process should be non-discriminatory. This includes:
• advertising the position
• conducting interviews and pre-employment tests
• selecting the preferred candidate.
The application process should be open and accessible, and not present barriers that could discourage people from applying. Employers may also need to consider making reasonable adjustments to the workplace to support a person with a disability or impairment.
Advertising is a crucial way to attract the right people to apply for a particular job. A good advertisement will be clearly written, widely advertised and only focus on the essential skills and abilities required for the job.
Understanding the law
It is against the law to publish or display an advertisement that indicates, or could reasonably be understood to indicate, an intention to discriminate because of personal characteristics protected by the law. For example, by specifying the preferred race, age or gender of applicants.
Restrictive or discriminatory language
Write in a way that does not discourage some people from applying for the job or inferring that only certain applicants will be considered. For example, phrases like “join a dynamic young team” or “seeking mature, experienced professional” could be seen as restrictive or discriminatory.
Working with recruitment agencies
If you engage a recruitment agency, make sure that they clearly understand the requirements of the position, equal employment principles and anti-discrimination laws.
Making a complaint
Anyone can notify the Commission of a discriminatory advertisement, regardless of whether or not they are directly affected.