{"id":394695,"date":"2026-03-31T10:41:34","date_gmt":"2026-03-31T15:41:34","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=394695"},"modified":"2026-03-31T11:32:12","modified_gmt":"2026-03-31T16:32:12","slug":"can-employers-ask-about-marital-status-during-job-interviews","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/can-employers-ask-about-marital-status-during-job-interviews.html","title":{"rendered":"Can Employers Ask About Marital Status During Job Interviews?"},"content":{"rendered":"\n
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Can Employers Ask About Marital Status During Job Interviews?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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An interviewer cannot ask a potential applicant about their marital status<\/span>. Questions about marital status<\/span> during an employment interview are prohibited in many states and unlawful under federal law if used to determine gender or sexual orientation<\/span> to make employment decisions<\/span>. Other questions about pregnancy, children, childcare<\/span> arrangements, or a spouse\u2019s employment are also prohibited.<\/p>\n\n <\/div>\n\n\n\n

Looking for a job is tough enough these days, especially at the job <\/span>interview<\/span> stage<\/span>. Many of the interview questions<\/span> 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?<\/p>\n

Can a job <\/span>interviewer<\/span> ask<\/span> that question? Shouldn\u2019t job <\/span>interview<\/span> questions<\/span> stay focused on the job and not touch your personal life<\/span>? If the interviewer asks<\/span> questions that cross the line and become discriminatory, an interviewee<\/span> should know how to respond.<\/p>\n

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

Employment and the Civil Rights Act<\/strong><\/h2>\n

Title VII of the Civil Rights Act<\/span><\/a> prohibits employers from making employment decisions<\/span> based on the applicant\u2019s gender. Marital status<\/span> is not included in the law, but asking about children or relationship status<\/span> can be one way to covertly ask about gender or sexual orientation<\/span>.<\/p>\n

Some states have expanded Title VII to include discrimination based on marital status<\/span>. For example, California\u2019s Fair Employment and Housing Act (FEHA)<\/a> explicitly prohibits employers from asking prospective employees<\/span> about their marital status<\/span>.<\/p>\n

How Is Asking About Marital Status<\/span> Discriminatory?<\/strong><\/h2>\n

It may seem unclear how asking if you\u2019re married is discriminatory in the hiring process<\/span>. Sometimes it can seem like friendly small talk. However, a prospective employer<\/span> may try to remove potential employees<\/span> if they believe:<\/p>\n