Labor & Employment Law

Maternal Profiling on Mother's Day

By Michael Fitzgibbon

On this mothers day, I saw a post over at Delaware Employment Law Blog that made me do a double-take.  It deals with maternal profiling, a topic that I wrote about a few months ago.

The part of the post that made me flinch was where it was observed that it was permissible, in certain States, to ask a job applicant whether they "have children or whether they have adequate child care arrangements?"  Also, in some States "employers may lawfully ask job candidates about their "family status," including questions about whether or not the applicant has children, is married, etc."

The author of the post (Molly DiBianca) goes on to note that:

And I can say with great certainty that we would never, ever, ever, advise our clients to ask something as foolish as "Are you planning to have children?" to anyone, and certainly not to a potential or current employee!

Just because it?s legal doesn?t mean it?s smart, right?  No good can come of these questions.  So don?t ask them.  Just don?t do it. 

Solid advice.

If you're in Canada, have a look, as an example, at the Ontario Hiring? A Human Rights Guide (I believe the Commission used to have a PDF version, but I can't seem to locate it).  According to the Guide, here are the permissible and prohibited questions relative to sex at the interview stage: 

Permissible Questions

Questions about or relating to gender, if it is a reasonable and genuine requirement for a particular job, such as employment in a shelter for battered women.

Prohibited Questions

All other questions concerning the applicant's sex, including questions regarding pregnancy or child-bearing plans. [emphasis added]

There are also prohibited questions on application forms and in interviews dealing with family status. 

So, in Ontario, and I suspect in other provinces, such questions are prohibited.

I just realized that I had neglected to add the Delaware Employment Law Blog to my blogroll which I have now rectified.

Full post as published by Thoughts from a Management Lawyer on May 11, 2008 (boomark / email).