Can a prospective employer ask questions about WorkCover claims in a job interview?
Under the Equal Opportunity Act, it is against the law to discriminate against a job applicant or an employee because they have a disability or impairment. It is also against the law to ask a job applicant or employee for information that the employer could use to discriminate against them. Unless the information is genuinely required for a non-discriminatory purpose, asking a job applicant or employee questions about: • whether they have ever made a workers’ compensation claim • how many days sick leave they took in the previous year • questions about their health that do not relate to the job requirements could lead to a complaint to the Victorian Equal Opportunity & Human Rights Commission. A job applicant should be assessed on their ability to do a job, not whether or not they have an injury. Some workers’ compensation insurance schemes may require successful job applicants to complete a questionnaire about pre-existing medical conditions. If an employee does not disclose an injury
