Can An Interviewer Ask Your Relationship Status? Here's What The Law Says

Know your rights before you walk away from that dream role.
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You’ve perfected your cover letter and polished your CV, only for the interviewer to ask the final question: are you married, or single?

It might not be your average job interview question – but it’s one many have experienced, according to a Twitter thread this week. Journalist Francesca Baker went viral after revealing a potential employer asked her marital status.

When Baker asked why this question was relevant, the interviewer apparently said: “We need to know what your commitments are and if you’re in a relationship and won’t be distracted from our company.”

Others have since shared their own experiences of being asked about marriage and kids during the interview process.

“I didn’t get a job because I was engaged,” one woman replied on Twitter. “The other candidate wasn’t and ‘wouldn’t be distracted by external commitments’, aka might get pregnant.”

Another said this isn’t something only experienced by women, adding that her husband is frequently asked if he has a family during interviews. “The assumption being that men with families are reliable and are not going to be rolling into work with a hangover on a regular basis,” she explained. “The assumptions for a woman with a family are quite different.”

So, is it even legal for a potential employer to ask such personal questions?

Robin Ford, an employment lawyer at Slater and Gordon, says while a prospective employer should not ask a candidate about their relationship status or plans to start a family, asking the question itself is not technically illegal.

The catch, however, is that employers can’t do anything with the information.

“The Equality Act prohibits treating an individual less favourably because of their sex, sexual orientation, marital status or because of pregnancy or maternity,” he tells HuffPost UK.

If anyone is asked about it during an interview, Ford says they should stay calm and they could point out to the interviewer that they do not consider the information to be relevant to the position for which they are applying.

“They may also wish to think about whether an employer asking this question is the right place for them to work,” he says. “If they are treated less favourably for not answering it, this could also form the basis for a discrimination claim.”

Ford advises taking legal advice as soon as possible if you feel you have a discrimination claim. Find out more about this on the Citizen’s Advice website.

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