Questioned about childcare etc in interview

[AlisonWonderland]

Have namechanged for anonymity on this one...

I recently had a job interview where I was asked some questions which I know are illegal, including about my childcare and whether I plan to have any more DC (among a few others). I know the company is on very shaky ground but I would actually like to get this job, so just wondering what do to for the best.

Should I have said anything in the interview?

Should I complain now to the company's HR dept?

Should I wait and see if I get the job first?

or should I suck it up and accept that this is sadly part of getting a job once you have DCs?

Experiences/advice/opinions welcome...

What did you say? Did you answer the questions? Not necessarily relevant but I'm interested to hear how you handled it.

Who was in the interview, were there two people?

I am assuming as you still want to work there that you don't feel this is a problem with the company, more a problem with an ignorant interviewer? But if this person would be your boss would that not be a problem?

Tough one. this is from a solicitors website:

What questions can an employer legitimately ask a woman at interview?
It is direct sex discrimination for employers to ask questions about a woman's plans to have children or their child care arrangements, if similar questions aren't put to a man. To find out what questions were asked at interview, you can request copies of interview notes in a Sex Discrimination Act Questionnaire.

So it's only illegal if they didn't ask the men interviewing the same question.

But given that you want the job, I would let the HR department know that you were asked these questions, not as a complaint but as a notification - after all, they need to know if their people are behaving badly! But make sure you ask them to treat it confidentially until the selection process is over, so it doesn't affect your chances of getting a job.

Only you can decide if you want to take that risk, though.

I did answer the questions, I had a split second thought that I might say "Actually it is illegal for you to ask me about that" but that would be tantamount to saying "Hey, please don't hire me".

There was only one person doing the interview. Given the industry and position, I would be surprised if any men had applied for the job so I would imagine all the applicants of child-bearing age would be asked the same questions.

I think my problem is not that I'd have problems if I got the job, rather that it implies that if there is another applicant with similar experience but no DCs, or not of child-bearing age, they would be more likely to get the job.

Several points here, and whether sex discrimination could be technically proved is only one of them.

The fact is that it's fairly clear the intention and willingness to discriminate has been demonstrated, which does mean you must think seriously about the realities of working with this man.

How much sympathy/flexibility do you think you'd get if your childcare let you down, if DCs were ill/had hospital appts/sports days/whatever? All those things will happen at some point.

I don't know how picky you are able to be about jobs but I don't think you should underestimate the problems you will have once there, in the rose-tinted view we all have of new jobs at the beginning we usually don't think realistically about those things and I think especially in your case it's vital you do.

I think you are absolutely right that a similar applicant in a different situation would be more likely to get the job. If that happened, what would you want to do?

I agree that the HR dept must be informed. I can't think of anything to be gained by doing it before you hear back, so I wouldn't risk telling them immediately.