Can Employers Ask About Marital Status During Job Interviews?

Looking for a job is tough enough these days, especially at the job interview stage. Many of the interview questions are simple enough: What was your favorite job? What is your biggest strength? What if the interviewer throws you a curveball and asks: Are you married?

Can a job interviewer ask that question? Shouldn’t job interview questions stay focused on the job and not touch your personal life? If the interviewer asks questions that cross the line and become discriminatory, an interviewee should know how to respond.

The Equal Employment Opportunity Commission (EEOC) provides guidance about marital status and other family questions during the hiring process. In general, such questions are discriminatory and could form the basis of a discrimination claim. If an HR interviewer asks you such a question, contact an employment attorney and the EEOC at once.

Employment and the Civil Rights Act

Title VII of the Civil Rights Act prohibits employers from making employment decisions based on the applicant’s gender. Marital status is not included in the law, but asking about children or relationship status can be one way to covertly ask about gender or sexual orientation.

Some states have expanded Title VII to include discrimination based on marital status. For example, California’s Fair Employment and Housing Act (FEHA) explicitly prohibits employers from asking prospective employees about their marital status.

How Is Asking About Marital Status Discriminatory?

It may seem unclear how asking if you’re married is discriminatory in the hiring process. Sometimes it can seem like friendly small talk. However, a prospective employer may try to remove potential employees if they believe:

• Women will quit if they get pregnant, or cost too much in maternity leave
• Parents with families will demand childcare
• An interviewer may use the question to reveal sexual orientation, which is discrimination against LGBTQ+ individuals
• Employers may presume that married job applicants will refuse travel or relocation if offered

Employers should make hiring decisions based solely on a worker’s qualifications. Discrimination laws attempt to create guidelines for employers to follow during the recruitment process. These laws are not always successful.

What Employers Can and Cannot Ask During an Interview

The interview process should remain entirely job-related. Questions should be job-focused and used to determine whether the interviewee can perform the job. In some small businesses, employers may ask questions to gauge whether a prospective employee will work well with other employees, but they should not stray into unlawful territory.

Some illegal interview questions include:

• Age or date of birth: It’s illegal to ask this unless a minimum age is required, such as for a position that handles alcohol or marijuana
• Race or national origin: It is lawful to inquire if the candidate is legally authorized to work in the U.S. or will need a visa, but not to specifically ask about national origin or race
• Gender, sexual orientation, or pregnancy status: Removed from federal regulations in 2025 by an executive order
• Religion: Employers can availibility on holidays or overtime
• Disability or other medical conditions: Essential functions of the job and the ability of the applicant to perform them are permissible to ask about

It is not discriminatory to ask legal questions to find qualified applicants. Legal questions and requirements can include:

• “Can you work on weekends, including Saturdays and Sundays?”
• “Can you travel more than 50 miles from the office if necessary?”
• “Are you willing to work onsite instead of remotely?”
• “Can you work last-minute overtime to finish a project?”

This is not an exhaustive list.

What Should I Do if I Am Asked These Questions?

Your first step should be to evaluate the questioner’s intent. Sometimes a question is just a question. Asking about spouses and children is a common icebreaker, and even human resources interviewers can ask innocent questions. If that’s the first question you’re asked, you may want to sidestep it and move on with the interview.

If the question occurs later during the interview, seems out of place, or makes you feel uneasy, you have a few options:

• Focus on the job: Redirect your answer to the position instead of the question. For instance, “Do you have children?” could receive the reply, “I am a good time manager and have experience multitasking.”
• Decline to respond: You do not have to answer questions unrelated to the job itself. This applies to questions about religion, sexual orientation, or pregnancy.
• Terminate the interview: If the interviewer keeps asking personal questions, you may want to either voice an objection or leave. The interviewer is required to respect your boundaries.

After such an experience, you might want to consult an employment law attorney and see if you have an employment discrimination case. If you believe you may have lost a job because of your marital status, you could have a discrimination claim.

You can make a claim with the EEOC, but marital status is not a protected class. You have 180 days to file with the EEOC. If the state or local agency has a similar law, the extension is 300 days. In some states, you can file a discrimination claim for marital discrimination. Your attorney will tell you if you live in those states.

Get Legal Advice From an Employment Law Attorney

Title VII protects the employment rights of some groups, but not all. If you believe a potential employer discriminated against you, speak with an employment law attorney to learn what recourse you have and how to file a claim.