Are you married?

[grdlegal]

I just got out of an interview where I was asked if I was married or not. The question caught me off guard and I answered correctly. However, I have always been under the impression you cannot ask marital status questions because it could lead to a discrimination suit in the future if the applicant does not land the job. Any comments would be appreciated!

 

[cbg]

Marital status is not a protected characteristic under Federal law and it is only protected under state law in some states. But even in those states where it is protected, it is not asking the question that is illegal; it is using the information in making the hiring decision. A wise employer will not ask the question because if you do not ask it, you cannot be accused of using the information in making the hiring decision. But the question itself is not illegal, only the use to which the answer can potentially be put.