Interview and asking illegal questions...

[dbarnes]

What is the name of your state? Texas

Is it illegal for a potential employer to ask me if I am planning on having another baby? I was extremely surprised they even asked that.

Thank you,

D. Barnes

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas

Is it illegal for a potential employer to ask me if I am planning on having another baby? I was extremely surprised they even asked that.

Thank you,

D. Barnes

My response:

No.

IAAL

 

[Ramoth]

But it is illegal for them to make hiring decisions based on your answer to the question.

 

[I AM ALWAYS LIABLE]

But it is illegal for them to make hiring decisions based on your answer to the question.

My response:

Yes.

IAAL

 

[cbg]

Just as an FYI, dbarnes, the ONLY questions that are outright forbidden by law (some states may modify this slightly) are questions that refer to a disability and in most states to any previous workers comp claims.

Many questions that the general public assume are illegal are, in fact, not. The question you reference is an example.

It is, however, as Ramoth and IAAL point out, illegal for them to make a hiring decision based on the answer to that question. For that reason, most employers don't ask it. (If you don't ask the question, you can't be accused of using the answer illegally.) It is NOT, however, illegal to ask it as long as they disregard the answer in making employment decisions.