Being asked marital status and if I've children in an interview

Lovely Bloke

Hi all,

I've recently been through a pretty bad interview process with a company.

Was told I'd be meeting one person for an informal chat, when I arrived the person at reception had never heard of the person I was supposed to be meeting (equivalent of CEO/higher management) and then that person didn't even turn up anyway.

I ended up in a panel interview with three interviewers - actually it was more like a quarterly review of me doing a job I was bad at. It was surreal.

Anyway, one of the people interviewing me asked "Are you married, and do you have children, and how will this affect your ability to be flexible".

Is that a legit question in an interview?

toadfly

Technically no but I guess it depends on the job. If you need to be able to travel at short notice and spend time away from home, it might be relevant. It would fall into discrimination though but as long as they dont tell you you didnt get the job because of your family, it would be difficult to prove.

Stealthfins

By any chance were you interviewed in a place in Shannon ?

I experienced something similar,totally out of order and none of their business.

Actually I think it's against the law to be asking personal questions like that.

bpmurray

No, it's not legal, and it doesn't matter what the job is. The assumption is that you can manage your own private affairs to match the needs of whatever contract you sign and your marital status, kids, age, religion, etc. are none of your interviewer's business (unless you're a teacher in which case you can be fired for your religion in Ireland).

intheclouds

No, absolutely not legal. Unless you have it in writing or a witness they would probably just deny it though.

If they have a HR department you could let them know even as a courtesy that they are actually breaking the law in the interview process.

endofrainbow

would you want to work for a company like that ?

jon1981

The question shouldn't need to be asked. If the job description states x% percentage of travel and some of it required at y notice period well then the question should be , "you have read the requirements to travel in the job description, are you comfortable with that?" and no more.

If it turns out that the OP is hired and cannot comply with the job description requirements due to family situation then she/he either leaves the job or is fired due to breach of contract .


Unnecessary line of questioning and very unprofessional.

The_Conductor

Unfortunately- illegal as it may be- its far from unusual........
The worst one I encountered though was along the lines of

"You're significantly older than a lot of the other candidates we're interviewing- many of whom are graduates just out of college and probably easier for us to train than someone like you- how can you allay our fears that you're not too old for the job"

People do still get asked these questions- illegal or otherwise- its a fact of life.

Personally- I try to use it as an opportunity to upsell myself- however, perhaps others have different routes they'd take?

intheclouds

The_Conductor wrote: »

however, perhaps others have different routes they'd take?

I find its a good filter to know if a place is professional or not.

Zaph

Where I work, when people start interviewing for positions in their departments for the first time they're given a list of things that they can't ask prospective candidates about. There's nothing unsurprising on it, just the usual stuff like marital status, kids, where they live, etc. - basically anything that might influence the interviewers to choose one candidate over another due to perceived flexibility, the likelihood that a female applicant might be out on maternity leave in the future and so on. Personally I'd be very uncomfortable working for a company that ignores basics like this in an interview and are so forthright about why they're asking the questions. God knows what other stuff they'd think was acceptable if you were actually working for them.

Stealthfins

I noticed in the last few years that companies are getting more bold in their approach towards staff and breaking a lot of work place rules and regulations.

The usual response is " if you decide to take any action or make a formal complaint and it turns out you can't prove your accusation or concerns.
It'll be you who could end up in more trouble than us"

But a good solicitor or junior council could rip that apart in the courtroom.
Because that statement would be considered a threat.

A senior counsel would probably be so good that they'd wipe the company clean,get you an immediate apology or better still compensation.

HR is there to protect the workers and not the company,the company pays enough insurance for any mishaps.

seamus

Just to clarify here - it is perfectly legal to basically ask anything in an interview. In the same way that it is perfectly legal to ask a stranger on the street anything. You are free to not respond.

Where the illegality comes in is in the selection process for the job. If you have not been selected on the basis of one of the discriminatory principles, then that is illegal under the equal status act.

Proving that is another matter. And that's where the interview questions come in and why some questions are a no-no.

If someone asks whether you're married and you don't get the job, you could make a case that you were ruled out on the basis of your answer to that question.

If they don't ask the question but manage to find out and refuse the job on that basis, that is still illegal but you won't be able to prove it.

From the company's point of view there are times when broaching the topic is useful. Such as if a job does require a lot of travel and weeks and nights away - are you OK with that? It's giving you the opportunity to assess whether you will fit the job rather than implying that it won't work.
I know many employers find married people great for travelling work because they just want to get in and out and get the job done. Unmarried people may be more inclined to party it up a bit on their travels and get themselves into trouble. So it would be stupid of a company to reject someone on their marital basis provided the person has confirmed they're fine with travelling.

Senna

Unfortunately people will say anything in an interview to get a job, I've had to reiterate shift pattern a couple of times to some interviewees as I know it's going to be trouble but they don't see it, they just think "get the job, worry about rest later"
I'd never ask straight out, but normally the wall from the interview room to the front door is a good time find out their family and commitments.