QUESTION
Can an interviewer say "I'm reluctant to hire someone with kids"
Asked on Jan 15th, 2016 on Labor and Employment - North Carolina
More details to this question:
I went to an interview and the interviewer asked if I had kids and then said they were reluctant to hire someone with kids. They also asked if I had family to watch the kids if they were sick and out of school. Can they legally ask if I have children or say that they are reluctant to hire someone with children? Is that not discrimination. They also asked for my date of birth and then said "you were born in 88 so that makes you 27,28?" I had already answered the question am I over 18.
1 ANSWER
4 Awards
These questions are not per se unlawful in North Carolina.
However, the questions about your children may be evidence of discrimination against you because you are female. If you were not hired because you are female, it would be unlawful. You would need to file a charge with the U.S Equal Employment Opportunity Commission (EEOC) within 180 days of learning that you had not been hired due to being female.
It is not wise for someone to ask about age, but it is not unlawful to do so. Additionally, only employees or applicants who are 40 or older are protected from age discrimination.
Answered on Jan 20th, 2016 at 8:32 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.