“Asking about people’s future plans and aspirations in a job interview or promotion interview is fairly common practice. The questions are often seen as a way to work out how motivated or ambitious someone might be, to assess their degree of commitment to their job or their career, and to see if their career goals align with those of the organisation. Asking this question may not be discrimination, particularly if an employer has good reasons for wanting to know the answer.

Loading

“Mandatory retirement ages are prohibited in Australia for most jobs. Employers cannot assume that you will retire at a particular age, so this question is potentially relevant to people of all ages. However, if you disclosed that you plan to retire, and the employer used that information to deny you the promotion, that might be discrimination.”

Again, the above shouldn’t be taken as specific legal advice. But Blackham suggested that if you suspect you have been subject to discrimination at work, there are statutory equality agencies in your area that can give you advice. You might also consider calling a community legal centre for assistance.

If you do end up making a claim, one other thing that Blackham brought up is worth keeping in mind. A number of laws might apply to your case, but “you can only bring one claim; either under state discrimination law, federal discrimination law, or the Fair Work Act 2009 (Cth). Your choice affects which institution or agency deals with the claim.”