Employment Law Attorneys Hockessin DE

While there are no published studies focusing on Singles profiling in job interviews, marital status is certainly a subject an employer should not ask about. There are several categories which employers must avoid because basing an employment decision on any one of them is discriminatory: Race, Color, Sex, Religion, National Origin, Birthplace, Age, Disability and, Marital/family status.

Katherine R Witherspoon
(302) 658-2100
4001 KENNETT PIKE, STE 316
Greenville, DE
Specialties
Employment, Education
Education
New York University School of Law
State Licensing
Delaware

Richard R Wier Jr.
(302) 888-3222
TWO MILL ROAD, SUITE 200
Wilmington, DE
Specialties
Criminal Defense, Government, Business, Employment
Education
Temple University - James E. Beasley School of Law,University of Pennsylvania Law School,Hamilton Co
State Licensing
Delaware

Michelle Allen
(302) 888-3222
2 MILL ROAD SUITE 200
Wilmington, DE
Specialties
Criminal Defense, Government, Business, Employment
Education
Widener University School of Law,Trinity College
State Licensing
Delaware

James J Sullivan Jr.
(302) 552-4202
1000 WEST STREET, SUITE 1410, P.O. BOX 8791
Wilmington, DE
Specialties
Employment, Health Care, Appeals
State Licensing
Delaware

Kelly Green
(302) 552-5510
919 N. Market, Suite 1000
Wilmington, DE
Specialties
Litigation, Discrimination, Employment
State Licensing
DC

Natalie Marie Ippolito
(302) 652-1200
2201 W. 11th Street
Wilmington, DE
Specialties
Car Accident, Construction, Defective & Dangerous Products, Slip and Fall Accident, Employment
Education
Widener University School of Law,Widener University
State Licensing
Pennsylvania

Jeffrey K Martin
(302) 777-4681
1508 PENNSYLVANIA AVE.
Wilmington, DE
Specialties
Employment
Education
Lafayette College,United States Military Academy,Rutgers University School of Law
State Licensing
Delaware

Raeann Warner
(302) 655-0582
2 East 7th Street, Suite 302
Wilmington, DE
Specialties
Employment
Education
Widener University School of Law,Florida State University
State Licensing
Delaware

James G Mcmillan III
(302) 777-6556
1105 N. MARKET STREET, 15TH FL
Wilmington, DE
Specialties
Employment, Commercial, Litigation
State Licensing
Delaware

David A Felice
(302) 252-4439
919 NORTH MARKET STREET, 12TH FLOOR
Wilmington, DE
Specialties
Litigation, Securities Offerings, Immigration, Employment, Commercial
Education
University of Alabama School of Law,Villanova University
State Licensing
Delaware

Single Profiling, Is There Such a Thing?

Q: I saw a news story about Mommy profiling at job interviews. I've felt that there has been Singles profiling in some of my job interviews. Is that legal?

 

While there are no published studies focusing on Singles profiling in job interviews, marital status is certainly a subject an employer should not ask about. There are several categories which employers must avoid because basing an employment decision on any one of them is discriminatory: Race, Color, Sex, Religion, National Origin, Birthplace, Age, Disability and, Marital/family status. Clearly the primary issue in this last category is most often focused on protecting women with children or planning to have children and persons with family obligations that an employer might perceive would get in the way of work hours. While an employer may ask about your availability, they are not entitled to ask about your family circumstances.

Though marital status discrimination is not covered by Title VII of the Civil Rights Act of 1964, many government employees may be protected by other provisions including the Civil Service Reform Act of 1978 (CSRA), and a number of states and cities have statutes or ordinances specifically prohibiting marital status discrimination. While an employer may discuss availability or general plans for the future to gauge a person's commitment level, one cannot ask about pregnancy plans, lack thereof or marital status even if the inquiries as to marital status are to establish perceived home stability. And if you have a loved one at home for whom you are the sole caretaker, that is also off limits as far as inquiries.

Singles in the workplace often find that they are "volunteered" or requested to work overtime or additional hours, as opposed to others in the office, that may or may not be compensated. This too is an inappropriate request/demand by an employer, and if you feel uncomfortable with this circumstance you are encouraged to speak to a Human Resources manager about your concerns. As marital status discrimination in the workplace can be a gray area, it is also suggested that you document any perceived indiscretion so that should you need to seek legal counsel you will be armed with proper documentation of your claims.

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DISCLAIMER: This publication is distributed with the understanding that it does not constitute legal advice or establish an attorney/client relationship by way of any information contained herein. The information provided is for general purposes only, as readers are advised to consult with a qualified lawyer regarding the specifics of their particular circumstances.


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