Guidelines for Ensuring Equal Opportunity in Selection of Staff

Equal Opportunity Legislation and Policy

Discrimination in the employment of staff, including recruitment and selection, is unlawful under state and federal legislation on a range of grounds. The legislation provides means for investigating and redressing complaints of discrimination.

In recognition of the spirit and intent of the legislation, Monash University's Global Equal Opportunity Policy commits the University to eliminating from its structures and practices any source of direct or indirect discrimination on the grounds of:

• Race, colour, national or ethnic origin, nationality;
• Sex or gender, lawful sexual activity, marital status, pregnancy or potential pregnancy, breastfeeding, status as a parent or carer;
• Religious or political belief or activity, industrial activity;
• Age, physical features, disability (past, present or imputed), medical record;
• Personal association with a person who is identified by reference to any of the above listed attributes; and
• on any other grounds which the Monash University Council shall after due consideration determine to be a basis of discriminatory practice.

None of the above attributes should be taken into account in making decisions during the selection process. The Victorian Equal Opportunity Act (1995) makes it unlawful to request information that could be used to form the basis of discrimination against another person.

The University's equal opportunity objectives include establishing programs to overcome disadvantage in employment for Indigenous Australians, people with disabilities and women. Following equal opportunity guidelines during the selection process will assist in the achievement of these objectives.

Selection Committee Membership

In order to avoid the possibility of complaints of discrimination, both sexes must be represented on the selection committee. For academic positions as close to equal representation of both sexes as practicable with a minimum of one third each and all from an academic background. For general staff positions as close to equal representation of both sexes as practicable with a minimum of one third each. Where there is an applicant for a position who identifies as Indigenous Australian, the Advancing Indigenous Employment Coordinator can be contacted to facilitate an appropriate Indigenous Australian to be co-opted to the selection committee.

Guidelines

Equal opportunity for all candidates may be ensured if participants in the selection process observe the following principles:

• Members of selection committees agree on selection criteria relevant to the position.
• Search plans are implemented where required to attract women applicants.
• Information about the position is offered in the same way to all applicants.
• The same opening questions are asked of all candidates and candidates are all questioned in relation to each of the selection criteria.
• Information which could be used to discriminate is not requested.

No assumptions are made about the working patterns or personal characteristics of individuals on the basis of their membership of a particular sex, race or other group.

The decision is made by assessing the applicants against the selection criteria.

Grounds of Discrimination

Sex/marital status/parenthood/sexual preference

Inquiries into family circumstances, relationships, spouse or partner's situation, child-bearing plans or child care arrangements are not acceptable. Where appropriate and according to the needs of the position, each applicant may be asked if he or she is willing and able to travel, to work overtime, to work shifts or during the weekend. Applicants may be asked if they will be available to start work at a specific date or to work during a specific time period.

Pregnancy

No questions should be asked about a present or intended pregnancy. However, applicants for positions involving work which may harm the foetus, should be informed of this risk at the interview. Advice on the nature and degree of risk may be sought from Occupational Health, Safety and Environment. Applicants may be asked about their availability for work at specific times, as required by the job.

Nationality/Race

No inquiries relating to national or ethnic origin may be made. However, the selection committee may ask and seek confirmation that the applicant is legally entitled to work in Australia. Fluency in the English language may be taken into account only insofar as it is is necessary for the particular job. If fluency in a language other than English is required, this should be included in the information provided to applications and questions at interview should only be directed to the applicant's fluency in the language, not their nationality or race.

Impairment or Disability

No questions should be asked on these matters.

Age, physical features

Selection committees should not draw inferences about an applicant's personal characteristics (e.g. energy levels, ability to withstand stress) on the basis of age or physical features.

Religious or political conviction, industrial activity

No questions should be asked on these matters.

Queries

Advice on the application of these guidelines in particular instances may be sought from the Equity and Diversity Centre.