[nkrisc]

There’s a reason interviewers in the US won’t (or shouldn’t) even ask if the candidate has a spouse. If they ask something about that specifically, and the answer indicates some kind of protected status (a man says “my husband” or reveal which place of worship they got married in) and they then decline the candidate, the candidate could make the claim they were denied because they’re gay or practice whatever religion or something else.

Asking personal questions could be seen as a way to elicit information about a protected status and thus give a rejected candidate ammunition for a claim, whether warranted or not.

It’s best to just keep questions focused on the workplace.

[DangitBobby]

I think people vastly overstate the amount of actual risk companies are taking when they engage is possibly illegal behavior, especially on this forum.

[nkrisc]

Likely true, and I’m sure many companies go unpunished despite engaging in it, but that doesn’t make it a good idea, and probably the kind of thing that could ruin a small business if they did get caught up in it.

[voakbasda]

Having been on the sidelines for spurious claims of this nature, these sorts of lawsuits are a huge risk: the cost of mounting a defense can easily bankrupt a small business, even if the claims turn out to be baseless.

Even in the case of complete innocence, it often becomes a he-said-she-said situation, and the outcome boils down to which side presents the best set of “facts”.

I use quotes there because my broader experience with the court system routinely shows that it does not need be burdened by the “truth” or “facts”. That is probably because the regular cast in those venues are literally trained and practiced liars.

[dmoy]

I think it also depends on how big of a company. If someone (say perhaps, GP) mostly has experience in smaller companies, they might not have had the law of large numbers bring the lawsuit cudgel to bear on their company before.

But if you're at a large enough company, you're absolutely getting sued for this from time to time, so you'll have the "how to not get sued" training before you're allowed to interview.

(Edit: this isn't limited to interviews. There's many, many examples of things that large companies will not touch due to legal risk, that smaller companies will... either due to lack of knowledge on the legal risk (maybe no legal department even exists yet?) or intentionally as a gamble)