Are employers allowed to ask job applicants questions about their family status?

In Virginia, employers are generally not allowed to ask job applicants questions about family status. This type of inquiry is considered to be a form of employment discrimination and is prohibited by the state’s Human Rights Act. Questions about marriage, including questions about whether a job applicant is married or single, are considered to be unlawful forms of discrimination. Additionally, employers are not allowed to ask questions about a job applicant’s childcare plans or arrangements. In certain circumstances, employers may be able to ask questions related to family status or parental status if doing so is necessary for a legitimate business purpose. For example, an employer may need to know about an applicant’s childcare arrangements in order to adequately gauge if they can accommodate a particular work schedule, such as night and weekend shifts. Additionally, employers may ask questions related to an applicant’s ability to legally work in the United States, but only if all job applicants are asked the same questions, regardless of family status. Employers may also ask questions that are unrelated to family status, such as questions about an applicant’s availability to travel for a position. Overall, Virginia employers must be careful not to ask questions pertaining to an applicant’s family status as this could be in violation of the state’s employment discrimination law. Employers should also be aware that some questions that are seemingly unrelated to family status may still be considered unlawful forms of discrimination.

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