to wonder if they can ask for marital status/children on job application

[fridgeraiders]

form?

I have just downloaded a job application form which asks for marital status and children (with age and genders). Is this legal? It's kind of relevant in a way as it is for a post in a school but still, thought this was no longer allowed?

Its a non-teaching post in an independent if relevant.

thanks for your thoughts.

It's not allowed as it opens the door for indirect sex discrimination.
Let's be honest what they are really trying to establish is if any mothers have young children.

It should be allowed, unfortunately it's not.

Is this in the U.K.?

It's shouldn't be allowed. Having children doesn't make you not do the job. Why is it always up to the mothers to sorry out childcare and not the fathers?

I thought that was the case. I guess they could argue its relevant if staff want their children to attend the school but there is no details on fee reduction or indeed pay (or hours).

I don’t know about the legal position but boarding schools now much prefer houseparents who are married, with children. And they can’t know about new applicants unless they ask - so I assume the question is legally permitted in those circumstances.

No-one should be asking this at any point in the application process unless it's directly relevant to you doing the job and this isn't. (Childminder is about the only job I can think where it'd be relevant and I think they're probably self employed anyway)

If it's about attending the school they should ask after they've offered you the job (same as with things like sickness absence)

Yes its the UK. Why do you think it should be allowed Justin?

Having children doesn't make you not do the job. Why is it always up to the mothers to sorry out childcare and not the fathers?

who said anything about it being directed to mothers?
And why do you immediately assume that being a parent is necessarily seen as a negative?

Pretending we are employing robots and not real people is the problem nowadays. It doesn't work.

surprisespaday - that's interesting, why is that? It's not for that job. It's a job that requires professional qualification and membership to a professional body (would rather not say what though!) Not that that's probably relevant!

It doesn't matter if it's positive or negative it's usually very unlikely to be related to how well you can do the job.

(If it's HR I'd be pointing out it's a question they shouldn't be asking)

who said anything about it being directed to mothers?
Because women disproportionately end up taking the most leave for children because there's so many men who have big important jobs so couldn't possibly do their share.
Women are also viewed as more of an employment risk too for those reasons, risk of childcare issues, poorly children, might have the temerity to have a child and need maternity leave.

And why do you immediately assume that being a parent is necessarily seen as a negative?
Why is someone's parental status and age of children relevant to most jobs?

Pretending we are employing robots and not real people is the problem nowadays. It doesn't work.
It's not pretending we are robots. The fact remains there's a fatherhood bonus and a motherhood penalty with children, and parental status has nothing to do with most jobs. It's irrelevant.

That's illegal. They should delete it

I can't think of any circumstances under which this would ok in the U.K. unless it relates to a 'live in' roll or housing provided as part of the package maybe?

Even then I'm not sure it would be allowed, and not should it be!

Lolasmiles that pretty much sums up what I was thinking. It is not relevant for live-in/housing purposes.

I wanted to apply but not sure now

Are you sure this question was asked in the actual application form and not in a supplementary equality screening form that is entirely voluntary?

No. It has no bearing on whether you have the qualifications and experience do the job. See if they’ve justified it in the job description.

It should be allowed, unfortunately it's not.

why should it be allowed @JustInCaseCakeHappens?

weeklycubrun - no it was on the first page with name, address, national insurance. No form about ethnicity or sexuality.

I am shocked that this sort of thing still goes on. Obviously they should ask that!

*shouldn't

@JustInCaseCakeHappens

Why do you feel it should be legal?

There is no law that prohibits the question. The issue would arise if you answered (for example) that you were married and had no children, and were, let's say 30 and a woman.

If you were well qualified for the role and didn't even get an interview they would be leaving themselves wide open to a sex discrimination claim, as you would have to wonder why they asked the question If it wasnt (for example) to screen for people who may be looking to start a family soon.

It is a foolish question to include as it gives rise to litigation because it implies the answer is relvant to who will be appointed into the role. While there may be good reasons for wanting to know which aren't discrimiantory, there are many reasons for wanting to know which are discriminatory!