My niece recently applied for a post graduate college program. She is a single mother of a young child. In the interview she was asked how she intended to juggle the responsibilities of motherhood and attending a post graduate program. Her mother ( a lawyer, though this is not her specialty) says that asking this question was illegal. She used the phrase that I used to title this thread. I had never heard this phrase before and I regarded the question as a reasonable one. Am I wrong? I am not asking for legal advice, I am just curious.
What state do you live in? Since it is not a federally protected category it would depend on state law.
For example, discriminating based on the status of being married vs. unmarried is indeed a violation of the New York State Human Rights Law, but there are probably states where it’s perfectly legal. It actually seemed like the question was more directed at being a parent. That is a protected category in a few states as well.
ETA: also if you live in a large city there might be local laws that make it illegal, even if it is not illegal in the state.
It was a dumb question for them to ask. Regulations promulgated under the authority of Title IX (which prohibits sex discrimination in all education programs, not just athletics) state
It is not obvious from the OP that this applies. This would seem to indicate you can discriminate against single parenthood as long as you do so uniformly for mothers and fathers.
Also when and how the question arose in the interview may be a factor in whether or not it is illegal? Currently, when interviewing potential student workers and library interns I am forbidden by University regulations from asking about things like religion, sexual orientation, marital status, or family commitments such as children. However, if the person being interviewed volunteers this information without prompting (for example, if I ask what do they consider one of the major accomplishments and they respond, “My two-year old son” or “My year as president of the Muslim student association”, etc., this information can then be noted in the interview record and subsequent questions asked in regard to the information.
Yes, leading questions to elicit information about protected areas is a risky choice - “do you have any family” could be taken as figuring out their (protected) marital status; as is inquiring abut things that might give away their age (like you can’t figure that out from grad date); or even things like race or country of origin, which might not be obvious in a phone interview.
But - if the person volunteers information unasked, then the interviewer is not trying to determine protected status information.
However, it is a slippery slope that could cost a lot in legal fees. For example - did they ask the same question of married applicants - “will your spouse be able to take care of the kids when you really need to apply yourself?” Is the implication that a married parent has no such difficulties, but a single parent does? I can imagine that someone whose spouse is in the same sort of job/program (or worse) would leave the applicant with the same problem… but the interviewers didn’t consider this a problem with married applicants? (Of course, the sex discrimination aspect also enters - what, a mother is expected to lose time with childcare issues, but a father is not?) Did the interviewers ask any similar questions of any other applicant? Such stretched arguments are what make lawyers rich and cost employers or institutions serious money in legal defense fees, even if they win. That’s why it’s a good idea to stay away from such questions.
OTOH, if you really want to get the position, making threats does not work…