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Can potential employers ask about children?

I referenced in my cover that I have been taking time over the past two years to care for my children since I wanted to account for my large employent gap.  In the interview she asked what I had been doing since I was layed off in '09.  I explained I was let go right before I had my first child, found out I was expecting again and decided to seek employment after I felt comfortable leaving them.  She asked how I would handle returning to work and leaving them at young ages and what my plans for childcare are.  Honestly I haven't interviewed in over 12 years so I didn't know if they could/couldn't ask this? 
Our miracle IVF baby - D 6/09 & J - Surprise! born 9/10!!!

Re: Can potential employers ask about children?

  • They aren't supposed to ask, because things like family status, religion, etc aren't supposed to be considered when choosing a candidate. However, you brought it up first so I'm not sure if that changes the rule. 
  • imageniemand88f:
    They aren't supposed to ask, because things like family status, religion, etc aren't supposed to be considered when choosing a candidate. However, you brought it up first so I'm not sure if that changes the rule. 

    This is what I was thinking since I volunteered the info.  I was told I was a top candidate but my mom thinks it will factor into their final decision. 

    Our miracle IVF baby - D 6/09 & J - Surprise! born 9/10!!!
  • I don't believe it's illegal to ask -- but they cannot use it against you in their decision.
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  • Like pps mentioned since you bought it up- it's fine for her to lead off it, although I think most HR officers would still shy away from it. Technically it would be illegal to use that in a descion but I think her question was completely directed off a statement you made.

    In the future I wouldn't use the statement about feeling comfortable leaving them.  I know its honest, but if I was the interviewer it would raise red flags for me. Plus it leads into that murky area. I would just comment about deciding to return to work.

    GL! 


  • imagesunshine608:


    Like pps mentioned since you bought it up- it's fine for her to lead off it, although I think most HR officers would still shy away from it. Technically it would be illegal to use that in a descion but I think her question was completely directed off a statement you made.

    In the future I wouldn't use the statement about feeling comfortable leaving them.  I know its honest, but if I was the interviewer it would raise red flags for me. Plus it leads into that murky area. I would just comment about deciding to return to work.

    GL! 

    Thanks, I completely agree.

    Our miracle IVF baby - D 6/09 & J - Surprise! born 9/10!!!
  • Yes, they can ask. BUT they can't use protected classes (like familial status) when making a decision. For that reason, most interviewers with half a brain avoid topics like children, race, religion, etc. like the plague lest you try to sue them later if you don't get the job and claim it was because you're a mom of 17/Icelandic/Zoroastrian 
  • They aren't allowed to ask marital status, religion, kids, disabilities, etc. during an interview. But most have sneaky ways of getting around it.
  • I don't think that this was a legal question.  You cannot ask about family/marital status/etc. 

    http://www.hrworld.com/features/30-interview-questions-111507/
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  • It is illegal to make an employment decision based on a protected class.  Family status is not covered by Title 7 which is the federal regulation - it may differ based on state regulations though.  

     That being said - the questions themselves are never illegal.  You can ask whatever you want - it's what you do with the answers that matter.

  • imagejennifer0124:

    It is illegal to make an employment decision based on a protected class.  Family status is not covered by Title 7 which is the federal regulation - it may differ based on state regulations though.  

     That being said - the questions themselves are never illegal.  You can ask whatever you want - it's what you do with the answers that matter.

    This. Most employers won't these questions to avoid any inkling that they might be discriminating, but here since you brought it up it's probably open season.

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  • In the future, when someone asks you about your employment gap, you can keep it vague and say you were handling some family issues, and you now have made the decision that it's ok for you to return to work.

    I would never mention marriage or children in an interview, because I have had a few employers stupidly tell me that it does influence their decisions. I even take my rings off for interviews.

  • imageamanjay:
    Yes, they can ask. BUT they can't use protected classes (like familial status) when making a decision. For that reason, most interviewers with half a brain avoid topics like children, race, religion, etc. like the plague lest you try to sue them later if you don't get the job and claim it was because you're a mom of 17/Icelandic/Zoroastrian 
    Yep, this. There are some completely illegal questions, but this would probably fall into legal, but can't be used against you as a reason they will not hire you.

    IMO, she should have dropped it after you answered her question. Poor form on her part.

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    Lachlan
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  • imageCollegeGrrl219:

    In the future, when someone asks you about your employment gap, you can keep it vague and say you were handling some family issues, and you now have made the decision that it's ok for you to return to work.

    I would never mention marriage or children in an interview, because I have had a few employers stupidly tell me that it does influence their decisions. I even take my rings off for interviews.

    Sorry for the potentially ignorant question, but what are people worried about in terms of an employer knowing you're married? I can see how it might be beneficial to leave out details about children (because an employer might have concerns about childcare, sick kids at home, etc.) but not sure what the issues might be with being married?

  • imagesm23:

    Sorry for the potentially ignorant question, but what are people worried about in terms of an employer knowing you're married? I can see how it might be beneficial to leave out details about children (because an employer might have concerns about childcare, sick kids at home, etc.) but not sure what the issues might be with being married?

     I think CollegeGrrl probably takes her rings off because some employers assume that a married woman is just DYING to have 10 million babies RIGHTNOW, so they might be less inclined to hire a younger married woman under the ridiculous assumption that they might want to have a kid (or two or seven) within the next year or two.

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