Maternal profiling legal?

by Kristin Darguzas (Subscribe to Kristin Darguzas's posts) Sep 18th 2006 1:07PM

Categories: Money & Work, Mommy Wars, Media

I got an email from a woman named Cooper Munroe this morning, telling me about a law in Pennsylvania that allows employers to ask job applicants if they have kids or if they are married. Really? I didn't know employers were allowed to ask potential employees about anything except for their skills to perform the job. And, what job essential skill (or lack thereof) is developed from being married or having kids?

This question, of course opens the door to rejection based on steriotypes about having children and being married. It is Cooper's opinion that these types of questions are usually directed at women, and tend to hurt mothers, especially single ones. I tend to agree.

I wrote Cooper back, professing my ignorance of American law and asked, surely, this was an anomily in Pennsylvania only?

No, she replied, it's totally legal in 28 states. Wow. I had no idea.

Visit www.momrising.org if you are interested in signing a petition that would help pass a bill in Pennsylvania to stop hiring discrimination. It might set a new precedentl for 27 other states, as well.

Source

Comments (12)

Reader Comments (Page 1 of 1)

Luna 9-18-2006 @ 2:23PM

I checked out the page and WOW! I have never been asked if I am married or had kids at any job I have ever had. I work for a VERY large company and was never asked my religion or sexual orientation or anything like that. I went through my last pregnancy there and never had an issue with any management or supervisors on my abilities(some of my fellow associates I could have dealt without) I can understand where some companies have age restrictions due to labor laws or insurance purposes (in some states a clerk under a certian age cannot sell alcoholic beverages) but to ask if a woman is married or has kids is just a little personal to me

Jenny 9-18-2006 @ 2:33PM

Thanks for posting this. When I was in management I was in Minnesota, where asking anything is illegal. I had no idea it was so different in other states.

BTW, something is wrong with your momsrising link. The site it took me to was definitely not momsrising.

Kristin 9-18-2006 @ 2:37PM

Sorry Jenny! Man, thanks for pointing that out...not sure how that happened but the link is now fixed.

ann adams 9-18-2006 @ 2:54PM

I don't know how they get away with it. That sort of question was supposed to be illegal under Federal law since 1964. They must have found a loophole somehow.

28 states took a giant step backward. I'm going to do some more research because this is news to me. It certainly wasn't happening with my last job interview in early 1978. I happened to mention my kids and the interviewer said "we're not allowed to ask you that" and I said "I can't keep them a secret very well". We both laughed.

We need a class action suit.

Kris 9-19-2006 @ 11:03AM

This is absolutely true and you better believe that a good number of employers are aware of this fact, as well. I literally had an interviewer tell me he didn't like to "hire married women because that often meant they'd soon require maternity leave."

Gotta love it.

ann adams 9-18-2006 @ 4:44PM

I still can't believe these laws would survive a large scale federal challenge. They're discriminatory on their face. It's letter writing time again.

I checked my own state and we're in compliance and even a little ahead of the Federal laws right across the board.

Eden 9-18-2006 @ 7:25PM

I was asked on every job interview (in Pennsylvania and in Florida) if I were (1) married (2) pregnant or (3) expecting to become pregnant "in the near future." I was always offended, always refused to answer the question and always asked again, as thought I would change my mind about answering.

My husband was never asked any of those questions when interviewing for positions.

Kelly 9-18-2006 @ 9:00PM

And another thing -- it is also illegal (under federal law) to discriminate against women because of the family responsibilities. So if mom needs to leave work at 5PM to pick up jr from Daycare -- bossman (or bosswoman) better not be scheduling meetings at 530 (or 445).

The amount of workplace discrimination against mothers is shocking -- SHOCKING.

VL 9-18-2006 @ 9:23PM

Wow, that is not legal here in Michigan, but I have had employers be pretty sneaky about it. Like, casually asking me what I do with my kids while at work. (In other words, will I need to take time off if my kids are sick or I can't take them to daycare?) NO ONE has ever asked my husband what he does for childcare. Why would they? He has me and of course, it's MY job. I am so glad I know about this organization, Mom's Rising! I totally want to get involved! Thanks Kristin!

VL 9-19-2006 @ 10:16AM

So, these states employers have the right to ask these questions, but does anyone know if women have the right to refuse to answer?

J. Landers 9-19-2006 @ 11:41AM

If anything, in my own business I would rather hire someone who is married with kids than someone who isn't (not that it actually enters into our hiring criteria). A married person with kids is usually more stable and unlikely to suddenly decide to switch careers or move to Seattle with a bunch of friends or something along those lines. Having a female employee out of the office for a little while after she gives birth is a small price to pay for the stability that you get from an employee with mouths to feed.

Sara 10-17-2006 @ 3:48PM

I am shocked by this, really can't believe it's happening in 2006! Maybe one of you will have another opinion on this topic regarding my situation with my nanny. Check it out- http://interioroffice.wordpress.com/2006/10/17/preggo-nanny-dilemma/