Just curious, but doesn't this mean that this system is easy to bypass? Just because you don't ask about their family doesn't mean they are not going to share it. Just saying something like "enjoying the summer so far?" As a conversation starter could trigger a "oh yeah, spending it with my 5 kids" response.

And someone who already knows that a discrimination case could be made can just easily put his religion or family or whatever into whatever response they feel like even if it doesn't make sense for the question.

It just seems easy too easy for someone to be able to do this just because they said something. Or does it only apply if you ask?

[–] Sc00ter@lemm.ee 9 points 2 days ago

You gain an extra level of deniability if you dont ask. Also its about how its received by the interviewee. If i ask how your summers going and you offer up you have 5 kids, thats different than me asking if you have kids. If i bring up your family situation or kids, the natural question arises, "why would he care about that?" And it can guide the mind to discrimination. People are aware of the fact that having kids have a preception in the corporate world, and if they dont want that to influence the process, theyre not going to offer it up. But just like anything, if someone wants to file a frivolous law suit, theyre going to find a way