Durian is a tropical fruit grown in Southeast Asia, mainly Malaysia and Thailand. To some, like me, it is a delicacy and has been described as the “King of Fruits.” To others, including my wife, it is pungent and disgusting. Durian has been described as eating an “over-ripe peach in a public toilet.”
So too with employment laws. What in some places is seen as a great way to understand candidates, elsewhere is considered offensive or even illegal.
In Australia, we ask every candidate what their current salary is. In many states of the USA, this is illegal and could land us a hefty fine.
When you are speaking to candidates outside your jurisdiction, get to know the laws. Just like sex, religion and politics make dangerous dinner party conversations, it may be best to avoid the following lines of questioning:
- Personal questions that may be interpreted as being intrusive and unrelated to the job. Asking about hobbies on a CV is okay.
- Do not ask about current compensation. Rather, ask “What are your financial expectations for your next career move?” This is theoretically to close the gender pay gap.
- What does your husband/wife/partner do for a living? (this can be seen to probe about marital status or sexual orientation)
- What year of school are your children in? Can be seen as age discrimination
- Do you need time away for religious holidays? What are your plans for Christmas? Also opens you up to religious discrimination claims.
So while many of us recruiters are “people-people” and love a chat, there are some areas where it is prudent not to venture. Check with local NPA partners or a lawyer as to what is or is not appropriate. Better to be careful unless you want to end up in a stink (which is not so bad if you like durian).