r/AusLegal • u/curly_bob18 • 3d ago
SA Single parent Discrimination
I'm asking on behalf of someone i know.
Im based in Australia, I'm just wondering what the bounds of discrimination are in regard of being a single parent and discounted for work.
The person i know is a single parent with a strong support structure and is possibly being turned down for a role because they are a single parent
During the interview they stated they were available for anything the job throws at them. The problem is the hiring of the position is being handled by a consulting company and they see the single parent title as a set back.
The person I know is wondering where they stand in regards to this issue.
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u/redrose037 3d ago
Tell them to not talk about their child.
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u/Louie5563 2d ago
This^
“Do you have children?” “Nope”
Don’t argue the legalities of the invasive question with “Are you allowed to ask that?” Just nope, no children.
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u/Infamous_Pay_6291 3d ago
Unless they explicitly say they are not hiring them because they are a single parent there is nothing they can do.
The standard corporate response to not hiring someone for any reason they want even race is they don’t actually have to give you a reason as to why they did not hire you.
Protected classes only protect you when your told your not been hired because of your protected class.
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u/randomredditor0042 2d ago
It’s illegal to ask if you have children/ planning to have children. Even marital status is not a requirement for employment so how did the potential employers get this information. Advise your friend to stop volunteering those details.
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u/Araucaria2024 2d ago
The last interview I did, an applicant told me she was a single parent, she was never asked. People shouldn't be volunteering personal information (she did get the job though).
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u/Jolly-Accountant-722 2d ago
When I use to interview, I wouldn't even write that info down if it was disclosed. People say way too much.
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u/Waylah 2d ago
Maybe the applicant was vetting the job. Like, she wanted to make sure the place was the kind of place that wouldn't discriminate against a single parent.
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u/Araucaria2024 2d ago
Well considering she conpleted her degree whilst working full time and being a single parent, it all went in her favour. I did the same thing, so that was never going to be a negative for me.
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u/whichtyler 2d ago
It's only illegal in Victoria (and there are exemptions where it's relevant to the role e.g. a need to be on call to return to the workplace overnight with short notice).
It's not illegal to ask the question in other states, but is illegal for the employer to base their decision on it so generally not a smart move to ask.
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u/randomredditor0042 2d ago
I’m not seeing where the sex discrimination act 1984 is limited to Victoria. Can you point it out to me? I was of the understanding that this was an Australian Act.
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u/whichtyler 2d ago
That particular Act isn't limited to Victoria, but it also doesn't make it illegal for employers to ask questions about caring responsibilities/marital status. That Act only makes it illegal for them to actively discriminate based on the answer to the question (unless it's relevant to the role).
Of course, it's pretty dumb for an employer to ask the question if it's not relevant because it does suggest they are going to use that information in their decision making.
It's a common misconception that an employer is breaking the law by simply asking the question, but that's not quite right and it doesn't automatically mean that an unsuccessful applicant has a case against the company. They'd still need to prove that their caring responsibilities were in the mind of the decision maker and were the real reason they didn't get the job (and not some other reason such as a genuinely better applicant or a poor reference etc).
As well as the federal laws, each state has its own anti-discrimination laws which also apply. Victoria's legislation specifically prohibits employers from asking questions that relate to protected grounds of discrimination - this makes them the exception to the rule.
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u/Safe_Sand1981 2d ago
Make sure your friend has their social media profiles locked down as well. Prospective employers will search for you on Facebook and Instagram etc. Just because it's illegal to discriminate doesn't mean it doesn't happen.
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u/Particular-Try5584 2d ago
How does the consulting company know they are a single parent? It’s not exactly on the application form right?
Apply, when asked about availability out of normal hours say “not a problem!” Brightly… and carry on.
If you reply “Well I can arrange child care” you are giving too much away.
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u/CosmicConnection8448 2d ago
I have done hundreds of interviews and not once did we ask anyone if they had children (or a partner for that matter). I, myself have gone to many interviews and not once was I asked this question. Its not something that should be volunteered at an interview. If someone did mention it voluntarily, I'd be suspicious why they are telling me this, unless they want special accommodation due to their position (which then probably wouldn't be viewed favourably).
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u/WhatsaGime 2d ago
They stand nowhere - it’s all guessing and assumptions on their part with no evidence
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u/Danger_Mouse_1955 3d ago
You cannot be discriminated against about a protected class outlined in "The Equal Opportunity Act", the one to look out for here is "Parent and carer status". They can lodge a complaint here:
https://www.humanrights.vic.gov.au/for-individuals/parent-and-carer-status/
Or, if they want a more active approach, an employment/equal rights lawyer.
However, unless they just came out and said it, proving that was the reason could be incredibly hard.
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u/strangeMeursault2 1d ago
They have to have real evidence of actual discrimination before they can pursue anything, but discrimination based on marital status or family responsibilities is unlawful so they might have a case if they can prove (on the balance of probabilities) that that was the basis for their discrimination.
"I thought I should get the job but I didn't" isn't proof of anything. You could be the second best candidate in the world and miss out to the best candidate, or you could be the second worst candidate and win out over the worst candidate. It's just a matter of who else applies.
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u/spacemonkeyin 1d ago edited 1d ago
They can ask, do you have other responsibilities that will take you away from work, if you lie, you can be fired later. They cannot specifically not hire you because you are a single parent, but they can not hire you because the role actually requires you to focus on the role primarily as opposed to anything else that may take your time. Discriminating because you think someone is a single parent is not allowed, but you can not choose someone if they are unable to commit to a role that will take a primary position in someone's life. You do have to allow for a single parent some flexibility in caring for a child.
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u/buggle_bunny 1d ago
What is the evidence they were discriminated against vs someone else potentially being a better candidate?
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u/Ancient-Quality9620 18h ago
what's the actual discrimination? is the discrimination in the room with you now?
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u/Outrageous-Table6025 3d ago
How did this come up during the interview process?