Are Questions About Family Planning Permissible in California Job Interviews?

California Labor Laws: Are Family Planning Questions Legal?

Job interviews allow employers to learn about candidates’ experience, qualifications, and suitability for a role. However, it is illegal for employers to ask specific questions under California’s anti-discrimination laws, which are designed to protect job seekers from unlawful discrimination. One such topic is family planning, and questions about whether an applicant plans to have children, is pregnant, or has childcare responsibilities can be considered unlawful and discriminatory. California law offers some of the strongest workplace protections in the country, and questions about family planning are generally off-limits in job interviews.

Laws Governing Job Interviews in California

The California Fair Employment and Housing Act (FEHA) is one of the most comprehensive anti-discrimination laws in the country. It prohibits employers from asking about an applicant’s marital status, pregnancy, or plans to have children. Under FEHA, it is illegal for employers to make hiring decisions based on these factors.

The California Labor Code also contains several provisions that protect employees and job applicants from discrimination. Section 1197.5 ensures equal pay regardless of gender, indirectly discouraging employers from hiring based on an applicant’s potential to take maternity leave. California Labor Code Section 12945 also mandates that employers provide reasonable accommodations for pregnancy, childbirth, or related conditions. Employers must engage in a good-faith interactive process to determine appropriate accommodations, so they should not factor pregnancy or potential pregnancy into hiring decisions.

What Questions Are Considered Illegal?

Questions about family planning are generally considered illegal if they relate to marital status, pregnancy, childcare responsibilities, and future family plans. Interviewers might ask, “Are you married?” “Do you plan to get married soon?” “Are you planning to have children?” “Do you have kids?” or “Who will care for your children while you work?” These questions may indicate discriminatory hiring practices, as they may lead to biased decisions against pregnant candidates, planning a family, or being perceived to have significant caregiving responsibilities.

Questions asked indirectly or conversationally that lead to discussions about family planning may also be considered illegal. Such questions might include, “We have a demanding schedule here; do you have any personal obligations that might interfere?” or “Many of our employees travel frequently; would that be an issue for you?”

Why Employers Might Ask These Questions

Despite clear legal restrictions, some employers may still inquire about family planning under the guise of casual conversation or as part of assessing a candidate’s long-term commitment to the company. Some employers may not even realize they’re crossing a legal boundary. They might ask about family planning because they’re trying to gauge long-term availability, commitment, or scheduling flexibility. For example, asking, “Are you planning to have children soon?” may be an attempt to determine if an applicant will need maternity leave. The question, “Do you have reliable childcare?” may be seeking answers to resolve concerns about attendance or scheduling. An indirect way to evaluate financial stability or whether you’ll be moving in the future is by asking, “Does your spouse work?” While these questions may seem innocent, they can unintentionally lead to discriminatory hiring practices.

How to Handle Inappropriate Questions

If an interviewer asks about family planning, you have options. You can respond without hurting your chances of landing the job.

Redirect the Conversation

To keep things professional without creating controversy, steer the conversation back to your qualifications. If an interviewer asks, “Do you plan on having children soon?” The conversation can be redirected with a response of, “I’m very committed to my career, and I’m confident in my ability to meet the demands of this role. Can you tell me more about the expectations for this position?”

Keep It Vague

Sometimes, a short, neutral answer can steer the conversation away without confrontation. If asked about family planning, one may respond, “I prefer to keep my personal life separate from work, but I’m excited about this opportunity and ready to focus on work responsibilities.”

Decline to Answer

Job seekers are not obligated to answer illegal questions. A polite but firm response might be, “I prefer to keep my personal life separate from my professional qualifications.”

Call It Out Politely

If you feel comfortable, gently point out that the question isn’t relevant. You might say, “I understand you’re trying to get a sense of my availability, but I’d prefer to focus on my professional qualifications. I’m fully committed to this role and its responsibilities.”

Know When to Walk Away

If an interviewer insists on inappropriate questions or makes you uncomfortable, it might be a sign that the company’s culture isn’t a good fit. Trust your instincts. If they’re asking improper questions now, imagine what working for this company might be like.

What to Do If You Experience Discrimination

If you suspect you were denied a job because of your marital status, childcare or family planning (or because you refused to answer these questions), there are steps you can take.

1. Document Everything: Write down details of the conversation, including who was present, what was asked, and how you responded.
2. Consult an Attorney: If you believe you have a strong case, an employment lawyer can help you understand your rights and potential legal options.
3. File a Complaint: As another option, you and/or your attorney can file a complaint with the California Civil Rights Department (CCRD), who will investigate the matter.

Protect Your Employment Rights. Contact Odell Law, PLC Today

Have you been asked illegal questions about family planning in a job interview? If an employer in California inquired about your marital status, pregnancy, or childcare responsibilities, you may have been a victim of discrimination. Odell Law, PLC exclusively handles employment matters and has over a decade of experience fighting for employees and job seekers’ rights under California’s strict labor protections. We can help you file complaints, pursue legal action, and seek compensation if your rights are violated. Call us today at 949-771-8173 for a free consultation and take the first step toward justice.