When conducting interviews, employers are looking to learn more about applicants and see if they’d be a good fit. But it’s important for them to carefully consider the specific questions that they ask. Even things that may seem innocuous from the outside could actually be problematic in certain situations.
For example, employers should not ask someone if they are pregnant or if they are going to become pregnant in the future. In fact, it’s often better not to ask about family life at all.
For example, say that an interviewer asks a candidate if she wants to get married and have children. She tells the interviewer that she is engaged to be married next summer and definitely wants to start a family shortly after that. The company then decides not to hire that candidate. Could she allege that she was intentionally passed over because she wanted to have children and the company believed that would inhibit her ability to work as an employee?
So what should employers ask instead?
For employers, the key is often to figure out what important information they need to gather and how they can get it without potentially violating an employee’s rights.
In the example above, asking about plans to have children may be prohibited, but the real issue may be that the company needs someone to work long hours or potentially relocate for the job. The interviewer can still ask the person if they would be open to things like taking on overtime work or relocation. If the candidate thinks that won’t fit with their future lifestyle, it may become clear that they’re not a good fit for the company, but the company doesn’t run the risk of accidentally committing pregnancy discrimination.
Issues like this can get fairly complex, and those involved need to understand all of their legal options.