Accidental Sex Discrimination in Job Interviews

A survey performed by a recruitment software company, called Applied, has found that 40% of female Senior Managers have been asked whether they have children or plan to have them in the future during the recruitment process. Why could this kind of question be potentially risky?

You could potentially be opening yourself up to the risk of a sex discrimination claim under the Equality Act 2010. Under this Act, discrimination can occur even where it is unintended- so it is important to look out for these pitfalls. This act also applies even where you have asked male applicants the same question, as there is an implication of sex discrimination.

To avoid accidentally making this mistake, ensure that all questions you ask within the job interview are relevant to the vacant role. Ask questions to assess their experience, qualifications and competency.

If you are already aware that an applicant has children, do not make any assumptions related to their ability to carry out the role on this basis. For example, if an applicant would need to travel for their role, then you may ask if they will be able to do so but do not assume that their childcare responsibilities would prevent them.

In conclusion, to avoid discrimination, ensure that all the questions that you ask in a job interview are relevant, and avoid asking questions about an applicant’s personal life. This could lead to sex discrimination claims, even when you were simply making casual conversation. Therefore, it is crucial to keep a record of notes made in the meeting, therefore if necessary you can show that their family life was not a relevant factor in your decision to not give them the role.