It is important for employers to be careful with the questions they ask during interviews. In some cases, these questions could lead to allegations of discrimination. An employer may broach a topic that is not legal for them to ask a prospective employee about and which should not factor into hiring decisions.
For example, the employer should not ask if someone has children or if they are planning to have children in the future. After all, even the potential for pregnancy can sometimes lead to pregnancy discrimination. An employer should not consider someone’s future family plans when determining if that person should be eligible for hire.
Similarly, employers should not ask questions about whether someone is married, where their spouse works, if they are divorced or other questions about their marital status. Once again, this is not something that should factor into the decision, which should be based on the employee’s experience, education and other qualifications.
What questions can employers ask?
In some cases, there are questions employers can ask to get the answers they need without directly risking discrimination.
For instance, perhaps the job requires extensive travel or overtime, or maybe it even requires a relocation. The employer may be naturally concerned that someone with a family will not want to take on these obligations.
To this end, it is fully legal for the employer to ask if the employee would be open to relocation, if they are willing to work overtime and if they can take on the necessary travel and other duties of the job. The employee can then be assessed without specifically answering questions about their family life.
In some cases, employees do believe that they have faced discrimination, such as pregnancy discrimination, during the hiring process. It is important for them to understand what legal steps to take.