Legal Question in Discrimination Law in Virginia

Legal Interview questions

During a job interview does a prospective employer have the right to ask a female if they have children?

Asked on 10/06/08, 10:14 am

3 Answers from Attorneys

Jim Bowman James E. Bowman PLLC
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Re: Legal Interview questions

Usually No. The guiding principle is whether you can demonstrate a job-related necessity for asking the question. Whether an employee has children or not could violate EEO rules if there is not such a basis.

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Answered on 10/06/08, 10:28 am
Jim Bowman James E. Bowman PLLC
0 users found helpful
0 attorneys agreed

Re: Legal Interview questions

Usually No. The guiding principle is whether you can demonstrate a job-related necessity for asking the question. Whether an employee has children or not could violate EEO rules if there is not such a basis.

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Answered on 10/06/08, 10:28 am
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Legal Interview questions

Yes, they could ask it, but it might pose additional problems for the prospective employer if other things happen to go awry with the interview and the employer is sued by the interviewee.

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Answered on 10/06/08, 10:28 am

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