What can I do about not getting a job due to my marital and parental status?

UPDATED: Sep 29, 2022

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What can I do about not getting a job due to my marital and parental status?

My employer owner of company called me in to an interview for a potential promotion. After explaining that the position can often require longer days and odd work hours, he asked if I was married and if I was planning to start a family. This is obviously an illegal question but I answered anyhow so as not to sound combative. I did not receive the position. Is there any action that can or should be taken?

Asked on October 8, 2015 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, neither federal law or your state's law actually provides protection against emploment discrimination based on marital status or plans to have children, so as unfair as this, you do not have legal recourse they could refuse to give you the job on this basis.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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