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Is this legal?

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NiceHobbit | 00:05 Wed 07th Mar 2007 | Law
6 Answers
I was asked for my marital status at a job interview today and also if I had any kids. is this legal?
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I dont think it is illegal!! It is entirely up to you whether or not you answer the question but I dont imagine you will create a good impression by refusing to answer such basic questions.
Why would it be illegal to ask a question? Don't see where you are comming from on this. It's your choice whether you answer or not.
My understanding is that they can ask those questions but they must ask every candidate the same questions. It's at your own discretion whether you answer or not.

Under Equal Opportunities legislation they can't discriminate against you on the grounds that you are married or have kids - in theory, but in practice it can be another matter. Ring your local Council & ask to speak the Equalities Officer or your local JobCentre for more information, they should at the very least be able to point you in the right direction.

Loosehead, there are plenty of employers in the private sector who won't touch married women with kids, any woman with kids with a barge pole from an employment perspective - in some sectors they're not regarded as being as either productive or as useful as their unmarried, unfethered single colleagues.

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I did answer the question, because it did flash through my mind that it might create a bad impression if I refused, so I just answered and let it go at that.
I just thought I remembered hearing somewhere that it wasn't legal to ask that. I only asked because I was curious to know if this was in fact the case.
Hobbit
I assume from the question that you are female, and this is of course about sexual discrimination in the selection phase of the recruitment process.
As previous answers have indicated, it is not so much the asking of the question that is the problem, but what they do with your answer. It is very, very bad practice to ask this sort of broad question that doesn't really go anywhere, and anyone remotely educated in hiring and firing knows that this is not the way to go about getting the info they might be after.
So firstly - is who you share your bed with, or your childbearing capacity relevant to the job in question?!
Secondly, did they offer it to you?

If you get an offer then don't worry about it but think carefully about whether you want to work there.
If you dont get an offer then call them up and ask:
- why was I unsuccessful
- what sort of person did you hire
- can you explain the relevance of my marital status and number of dependants.
- ask them to put all of that in writing (this last point just for a laugh of course)

You will have to decide what you do with their answers.

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