Legal Question in Discrimination Law in California

Pregnacny Question

I recently went on a job interview and was asked personal questions realting to pregnancy.

!)Are you planning on having babies soon asked the employer

2)What does your husband do?

I went on to ask about benefits and he replied, no no way, to expensive, cant do it,

''Cant your husband get benefits for both on his own''? in a rude manner he asked.

I was frustrated and told him that we needed benefits He thanked me and it ended like that. I was sickened and felt I should not have to answer such questions.

My answer was no, although I cannot predict when I will have babies.

Is this OK? this is a professional with 20 yrs in business(dentist)

Are there grounds for any legal action here. I have already filed a claim with the DFEH.

I woud like to pursue this further and and ask for damages.


Asked on 3/04/07, 5:54 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Pregnacny Question

You are correct. Such questions are illegal -- discrimination based upon gender, family status. To fall within the Fair Employment and Housing Act, the dentist has to employ 5 or more people. Denial of employment on the basis of your request for insurance probably would not be actionable.

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Answered on 3/16/07, 6:20 pm
Terry A. Nelson Nelson & Lawless

Re: Pregnacny Question

What you allege is clearly illegal of him. If you could prove these claims, you'd have a case against the company. Feel free to contact me if interested in getting help to do so.

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Answered on 3/16/07, 6:49 pm


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