Am I in trouble asking an interviewee about her children?

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I run a small business and recently interviewed for a job on Zoom. The candidate comments on the family photos on the shelf behind me, saying how cute my kids are. Then I asked her if she had any children. She obviously felt uncomfortable and answered no. I then received a letter of complaint from her lawyer who said I had asked an illegal question. It was just an innocent exchange. How many problems do I have?

I would not fear a lawyer who does not know that it is not illegal to ask a personal question like “do you have children?” It is only illegal to discriminate against an applicant on such grounds. So unless you hired her because she doesn’t have kids — and because the question was an innocent conversation based on her comments about your kids — you’re not in trouble. It is good practice to avoid asking personal questions directly as if it were part of the interview, but in a friendly exchange where friendly personal questions arise naturally? Do not worry. By the way, you might consider recording your Zoom interviews to have evidence of the exchange.

Should a company changing its stance on sustainability and carbon reduction be grounds for exit?
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My employer has made a commitment to sustainability and the company’s carbon reduction programs. I made it clear that I made my employment decision on that basis. Now we have a new leader who does not want to invest in this area and honor this ethic. Am I entitled to leave and receive any compensation for misrepresentation?

Companies change their strategies and priorities all the time as they react to market conditions, performance, etc. It is not a misrepresentation. Imagine the chaos if every employee who disagreed with the company’s changes could make the same claim. If your job was directly related to sustainability and environmental, social and governance (ESG) and now your job has been completely changed, well, you can claim that your job has been effectively eliminated and potentially collect unemployment. If you are fired as a result of the changes, you will receive this and whatever compensation the company provides.

Gregory Giangrande has over 25 years of experience as a Chief Human Resources Executive. Listen to Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: GoToGreg@NYPost.com. Follow: GoToGreg.com and beyond
Twitter: @GregGiangrande

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