Can a potential employer ask your marital status?

Asking an employee’s marital status after hire is not in itself prohibited. However, while there is no federal law that prohibits employers from asking an employee’s marital status, some states have made marital status a protected class. This means that using the information in any employment decision would be illegal.

Is marital status a protected class in New York?

Marital status is a protected class under both New York State law and New York City law. Federal law also provides protections to a federal employees based on their marital status.

What information can an employer release for employment verification New York?

Job title or position with the company. The reason the employee left the company. Salary information. Job performance.

Why do employers ask for marital status?

There are many reasons why an interviewer might ask if you’re married, but the most common reason is to get an idea of how committed you’ll be to your new role. Some employers believe that unattached workers will show a higher level of job dedication than those who are married or in a serious long-term relationship.

Can you discriminate based on marital status?

Federal law doesn’t prohibit discrimination on the basis of an employee’s or applicant’s marital status. Even if your state prohibits discrimination based on a person’s marital status, however, it isn’t clear that your employer has violated the law.

Is marital status protected class?

Marital status is not a protected class under federal law. At the federal level, the Civil Service Reform Act bans marital status discrimination in federal government hiring and employment. Federal employment laws also offer some similar protections to familial status discrimination laws.

What can employers ask when verifying employment?

What Information can an Employer Release for Employment Verification?

• Job performance.
• Reason for termination or separation.
• Knowledge, qualifications, and skills.
• Length of employment.
• Pay level and wage history (where legal)
• Disciplinary action.
• Professional conduct.
• “Work-related information”

What are employers allowed to say when verifying employment?

California is among the states that have enacted reference immunity laws. Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (Cal.