Chevron pilloried for recruitment form asking about stillbirths, sterilisation Personal job questions 'a fine balance' A Chevron recruitment form asks potential employees to list their pregnancy history, which could breach anti-discrimination and privacy legislation if it is a universal job application form, says industrial practice lawyer Simon Millman. PT1M59S http://www.smh.com.au/action/externalEmbeddedPlayer?id=d-2vcyp 620 349 October 11, 2013 - 1:47PM An industrial lawyer has questioned the legality of a recruitment form used by energy company Chevron which asks prospective employees how many stillbirths they have had. A West Australian applicant, Rae*, told Fairfax Media this week that filling out the seven-page form had been a "traumatic experience." The form asks whether applicants have ever been pregnant and, if so, how many times; how many abortions and stillborn children they have had; how many "normal" children were born and if they had any birth defects. This part of the application form asks about a complete reproductive history. "I can only imagine that if someone had a stillborn, if someone has a trigger, or was going through an experience like they were asking, these questions are entirely insensitive and offensive," Rae said. The medical form starts by asking name and age, then, under section F, titled Reproductive Outcomes, prospective employees are asked to provide intimate personal details, including whether they have been "sterilized" (sic). Section F is listed as optional, but the company says it "would appreciate your response." After querying sexually transmitted diseases, missed last menstrual periods and lumps in the breast this form includes a disclaimer saying not answering the questions truthfully could result in rejection of the applicant. In another section, on past and present illnesses, applicants are again asked personal questions about pregnancy, however, there is no opt-out statement as there is on Section F. Within questions about a range of illnesses, the form asks whether the applicant had "any discharge, lumps or pain in breasts," was "currently incapably of having children" or had "missed the last menstrual period" and asks for the date of their last period. In a statement from Chevron, the resources giant said the medical documents were "guided by industry standards to ensure staff are safe and fit to work," and were lawful. Medical information, including an individual's medical history, is solely used by authorised medical professionals and any questions relating to reproductive history are explicitly voluntary and this is lawful. Candidates who meet the requirements of a position are not discriminated based on medical history. However, Slater and Gordon industrial and employment lawyer Simon Millman said a recruitment form which asked such personal questions could breach several discrimination and privacy laws. "I haven't seen a form like this before," Mr Millman said. I was surprised to read these questions that were being asked to a prospective employee. It has to be asked, is the information that is being asked reasonable to the employee carrying out their job? Rae said the form asked some questions not only of propsective employees, but also of their partners, including the question about being "sterilised." I was furious, how can I speak for my partner? On a form? It's not right," she said. Mr Millman said "intrusive and deeply personal" questions about abortions, stillborn children and pregnancy breached the disability and sex discrimination acts and the National Privacy Principle, as did providing information about another person. He said anti-discrimination law covered current and prospective employees. It's not just the people who have employment but also the people who are seeking employment as well. They should never lose sight of their rights. Mr Millman said a form similar to one distributed by Chevron could set a legal precedent if challenged. "It may be the only way to know that definition is to have it tested in judicial proceedings," he said. Chevron is a global oil and gas giant which is developing the Gorgon and Wheatstone LNG projects in West Australia. Mr Millman said the Australia's anti-discrimination and privacy laws applied to potential or current employees of any company operating on our shores, no matter where it was based or how big it was. "Just because the form is done in America, doesn't mean it is one size fits all," Mr Millman said. Acting WA equal opportunity commissioner Allanah Lucas said the questions were not inherently discriminatory against female applicants, because it was unclear how the information would be used. Nevertheless, Ms Lucas said she was surprised that the questions had appeared on a job application, and said she did not understand the rationale for using them. "Of course people would be concerned if the information is used wrongly, but we don't know the context as to why (the questions) are being asked," she said. The commission had not received any complaint about Chevron's recruitment practices, Ms Lucas added. In contrast with other forms of workplace discrimination, Ms Lucas said it was difficult to prove that a specific candidate has been passed over for a new job on the grounds of gender or potential future pregnancies. with Michael Hopkin Name has been changed for confidentiality