Hacker News Reader

Comment by ChrisMarshallNY | Hacker News Reader

> Have a family/children? How does this affect your work?

I'm pretty sure that question is illegal. I do know that asking if someone is married, is illegal (in my state). We got lots of CYA training from HR, telling us to not ask these questions.

View on HN

It's also kinda dumb, because it make some wrong assumptions. Some of the most stable people are those with kids. You're not going to take a random offer across the country/globe because it sounded kinda interesting, you're not going to stupid shit and risk getting fired, because you really need to be able to afford new winter boots for three children. On the other hand, you do need a bit of flexibility some times, for sick days or pick up from daycare.

A previous boss of mine genuinely preferred hiring people with children, simply because they "feel more dependable".

Huh...interesting. I have long felt there is a bias towards those with a traditional family life, at least in the American companies where I have worked. Your previous boss provides some confirmation of that view.

Personally, I do not believe that kids vs. no kids, single vs. married, makes a difference in work performance. Any changes attributed to family status can be equally attributed to age and maturity.

It makes a difference in someone moving away the second they get trained on some new skill.

It makes a difference at some place which might require late hours, weekends, or on call.

It also makes a difference for companies that want to absolutely abuse their employees.

How should the interviewee respond to illegal questions?

Can't answer that for others, but for me, I would end the interview, and walk out.

But I have the luxury of having the means to do that.

I'm completely up front about having a family or my age, because if that's a problem, I'd prefer to know it before starting there. If it is a problem for them, I would probably let them know what they've asked is illegal. I would probably also let any recruiter who brought me in know as well.

Either fight back or lie as much as possible to get the best possible answer.

"I was in a relationship and it broke me, never again. I do not even like cats"

"I like being in a couple where we are both enthusiastic about our work. And I am sterile"

(or something more sensible - but honestly: lie, lie, lie)

I might go with, "Why do you ask?"

Seems like a polite noncommittal refusal. And if, by some miracle, they have a legitimate reason to want to talk about that topic, then they get a chance to clarify.

Just lie and give them the most advantageous answer. If they confront you on this later say, "I don't remember being asked that. And is is illegal for an employer to ask such a question. Are you admitting to breaking employment law?"

It depends on if the interviewee is bothered by answering it or not.

If you don't want to answer, you can try pushing back gently and see if they get the hint. Maybe something like "I would prefer not to answer personal questions but I'm happy to answer any questions about my work experience and professional history"

It places you in an awkward position of course. But it can't really harm your chances at that point. Your interviewer will either realize they are offside with the question and drop it and it won't really affect their perception of you, or they will insist you answer a question they shouldn't be asking and you probably shouldn't work for them anyways

That last sentence is paramount. I always remind people going into interviews that they are just as much interviewing their employer as vice versa. Not only does it encourage smartly using that "do you have any questions for us" moment at the end, but it can also help a lot with confidence.

I had someone do that to me in one of the later phases of an interview process. They were doing some physiological testing after the technical part - and the person kept diving into areas they should not have been asking about. I've been through enough interviewing/training on the other side of the table that I knew what was being asked was a bit no no. I finally called it out and asked, "you know you can't ask these types of questions, right?" They responded they were a contractor, so somehow them not working for the company made this all right.

I was shocked to get an offer from them. I turned it down, as from my perspective, it probably spoke volumes of likely cultural issues with the company.

I'm America there isn't much that is illegal in terms of speech. But you do open your company up for a lawsuit with those kind of questions

I think it may actually be against employment law.

Our HR was run by our General Counsel, so they tended to be pretty strict about the language they used, and they called it "illegal."

I think asking questions about sexuality and/or disability may fall into the same bucket.

It is practically illegal because relying on the answer to the question in employment decisions is illegal, and if you ask it in an interview, and you are challenged, it is going to be very hard to convince a jury or judge that it did not factor into your decisions.

That makes sense.

Thanks for the clarification.

It's not so much an "illegal question" - it's asking about something that's illegal to take into consideration when making hiring decisions. So there's no legitimate reason to ask it and any answers can't be used.

I think this and the pregnant question are illegal in all of the US

what can we do if they ask us illegal questions?

You can certainly say, "I would rather not answer that question."

Reply on news.ycombinator.com