Can an employer ask your marital status at an interview?

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Can an employer ask your marital status at an interview?

On an interview questionnaire I was asked if I was married. Is this a question that can be asked prior to a possible employment?

Asked on January 17, 2019 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A job applicant should not be asked if they have children and, if not, if they plan to start a family, how their spouse feels about the job, and if female, whether she is pregnant or about the arrangements she has made for childcare. Instead, employers can ask whether the applicant is available to work an 8:00 to 5:00 schedule, whether they are able and available to work occasional overtime or travel for the job. Further, these questions should only be asked if the position requires a set schedule, overtime/travel and all applicants are asked the same question.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A job applicant should not be asked if they have children and, if not, if they plan to start a family, how their spouse feels about the job, and if female, whether she is pregnant or about the arrangements she has made for childcare. Instead, employers can ask whether the applicant is available to work an 8:00 to 5:00 schedule, whether they are able and available to work occasional overtime or travel for the job. Further, these questions should only be asked if the position requires a set schedule, overtime/travel and all applicants are asked the same question.


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