Can Interviewer ask if I have children?

[NikiG]

What is the name of your state? MA

I am applying for a dental office job and the doctor called me himself to do a quick phone interview. Halfway through the interview he asked me if I had family obligations. I told him that yes but none that would interfere with my job. He then said "well, do you have children?" I paused because I thought this was illegal to ask, but then responded that I did have children. He asked how old they were, specifically he wanted to know if they were high school age or elementary age. I answered him but I am wondering if he had any right to ask in the first place. Thank you

 

[Beth3]

Those aren't typically very wise questions to ask but they're not illegal.

 

[NikiG]

re: children

Thanks Beth3 for your response. I actually found a similar item on lawyers.com and it states that interviewers in MA aren't allowed to ask about children. However "not being allowed to" may not be the same as illegal. When does it become illegal? If he hires someone childless over me?

 

[Beth3]

When does it become illegal? If he hires someone childless over me? No. It becomes illegal if he fails to hire you BECAUSE you have children, assuming parental status is a protected characteristic in Mass. Having asked the question though, if you are qualified for the job and the employer hires someone equally or less qualified than you are who does not have children, the situation certainly is suspect.

cbg, a regular responder here, is in Mass. He/she will be able to shed some additional light on this and I'd guess will likely see your question tomorrow.

 

[NikiG]

re: children

Beth3 thank you so very much!

 

[cbg]

Parental status is not protected in Massachusetts.

In fact, according to my most current source, parental status is protected only in Alaska and the District of Columbia.

 

[Beth3]

Niki, then apparently if you aren't hired because you have children, then you have no recourse.

FYI, there's apparently a lot of misinformation on the internet about what employers can and cannot ask in an interview. I've seen many posters reference lists they saw on the web with things employer's can't ask when in fact they're only ill-advised questions.

 

[cbg]

In addition, while I have a great deal of respect for lawyer.com and in fact even had a hand in writing some of their FAQs, not all of the information on their site is correct. For that matter, not all of the information on THIS site's FAQs is correct.

 

[NikiG]

re: children

LOL! Ok, thank you all for your answers! I will be going to the interview with eyes wide open