I work in the salon industry, and this has been a consistant problem for me. They ask. Is there any legal action I could take?
Answer:
it seems as though this would be highly illegal. i recommend that you contact your states EEOC and inquire as to what possible recourse that you have against this type of action.as with age discrimination, i think it may be somewhat difficult to prove, but its worth a try... good luck
yes it is
get a lawyer
I don't know where you live, but here in Canada it is illegal to discriminate against a prospective employee because she has children or is pregnant. Would you also discriminate against the father of the children? Why do men get treated differently in this respect? Someone has to look after the children and besides legal reasons for moral reasons you shouldn't discriminate against her.
No, there is nothing you can do about it. A few ferminists tried to repeal that during the 2nd feminist movement, but they failed. An employer doesn't have to hire you if he thinks you will be more concerned about your child.
However, once you do have a job, they can't fire you for having children.
Face it: with children, you are likelier to miss work. If the job requires that you be there on a regular basis, you're at a disadvantage.
It is not legal to ask if you have children. If the employer finds out, it is illegal to refuse to hire you because of your family situation. The problem is more of one of practicality than law, however. If you're asked--it's not legal, but how do you handle it at that moment? Suing is unlikely to succeed--the employer can probably find a viable reason that another candidate is more qualified. I do not have a great answer for you. If you say: "I'm not interested in talking about my personal life," that a clue to avoid you that may make your personal life sound like it has real problems. If my employees call in sick, I can't even ask what's wrong. Other people may have better suggestions, but perhaps you can answer by saying: "I assure you there is nothing in my personal life that would interfere with my job performance." If he/she asks again; repeat the same response. It may not get you the job, but it will set the employer up for a plausible lawsuit if he/she repeats the question. I would also remind the employer the question is illegal if it is asked the 2nd time after your first response. As an attorney, I can tell you the law, but I don't have a great solution. However, even asking the question after being told it's illegal is enough to get you into Court and to get some damages.
No, it is not legal for them to discriminate based on your being a mother. And, it is a crying shame if they do. So many people in this world want to denounce parents on welfare, but than want to discriminate against mothers because they fear that the employee may need to be accomodated (time off for sick kids, dentist appointments, football practice, etc).
The children question never comes up on an application. But it does often come up during an interview. Along with are you married, did you grow up in this area, and other personal questions. These questions have no real relevance to whether or not you are qualified to do the job you are applying for or not. I wish that it didn't happen, but theres really not much you can do to stop it. And, unless you have actual proof that they discriminated based on you having children, there really is not much you can do about it.
I wish you luck. Keep your chin up. You'll find something.
If they are asking directly about children (like do you have any) that would seem to be an illegal question. However, if they ask whether you can show up at work on a reliable basis, that's very work-related.
You could be caring for an adult relative or minor children. The issue is whether the employer is going to have an attendance problem at work.
I doubt that you will gain anything by playing this as a discrimination matter. The question is: Can you work your shift in the salon 98% of the time without having the services of the salon affected by issues regarding childcare? Have you taken steps to ensure that the children's needs will be met without your involvement while at work?
What can you tell the prospective employer to show that telephone calls, absences and late arrival / early departure will not become an issue for them?
When needs such as doctor's visits or school issues arise, who is available to take your place so that work is not affected? How much notice are you able to give so that another salon employee can take your shift? What has been the track record over the past 2 years?
No. You'll never prove discrimination so get over it.
It's not legal, but how do you prove it??????
If the employer comes right out and asks in the interview process if you have children, they are violating hiring laws by asking. Doesn't mean you can take them to civil court, but you are entitled to file a complaint with the state discrimination board. Won't get you a thing except paperwork to fill out! Damn sure won't get you hired... :)
If you volunteer it, or they find out through other means, such as your child answering the phone when they call, or you saying you have to line up a babysitter in order to do the interview, it will factor in to their decision at least at the fundemental level psychologically if they want to deal with a single mom or not.
There is no way a court could determine you were denied employment simply because of that, any employer could say they found a better candidate, more qualified, better fit personality wise, etc. You'd never win unless one comes right out and says it, "I'm not hiring you because you're a single mom, it's too much trouble."
Honestly your best bet is to be straight up about your situation and find an employer who wants you kids and all. It will be a better, less stressful fit for you and you'll all be happy.
In the U.S., it is illegal......you cannot discriminate in the workplace or by application for employment.
The problem you're going to run into is whether the employers have a legitimate employment-related concern, but aren't expressing it well in their questions. For example, they could ask something like, "Are you available to work odd hours or to come in at a moment's notice?" You'd likely answer "No," but someone who doesn't have children might answer "Yes," and the employer could legitimately be looking for someone with schedule flexibility.
With the way you've framed your question, the answer is yes. An employer cannot say "We choose not to hire you because you're a mother." But, of course, no employer is going to be that direct, even if they have such an awful motivation.
In thinking about lawsuits, be sure to consider whether you would be willing to relocate. People talk, and if you sue one salon, you can bet it will be more difficult to find work at any other salon. That's not fair, and it shouldn't be like that, but the bottom line is that lawsuits scare employers and they would want to avoid hiring someone who has a history of suing prospective employers, even just once.
How were you discriminated against?
Yes, familial status is a protected class in which employers cannot discriminate against....contact an attorney in your area.
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