The A-Z Pre-Employment Guide for employers & employees



Q. Can I be asked if I intend to have kids?

A. Employers should avoid questions relating to pregnancy, proposed pregnancy, contraception or family planning, or parenthood. These types of questions risk breaching the Act as they could be seen as indicating an intention to employ, or not employ, applicants based on whether they're responsible for children or not.


Q. Is ignorance of the Act a defence to a complaint of Discrimination?

A. No.

An employer can also be liable for breaches of the Act by a recruitment consultant or actions of their employees. An employer may be liable for their employees' actions unless the employer shows that reasonably practicable steps were taken to prevent the employee from doing the act.

See also: Job advertising