Is it legal to ask about marital status in an interview?
Asking whether someone is married, single or divorced is risky because it can surface sex- and family-related assumptions, and several states protect marital status directly. Ask only about the job's actual requirements.
There's rarely a business reason to know an applicant's marital status, and the question can support a discrimination claim. It correlates with sex and family status, and a number of states protect marital status outright.
Related questions about a spouse's job, a partner's plans, or whether someone is “settled down” carry the same risk. If your real concern is relocation, travel or schedule, ask about that directly and ask it of everyone.
Risky phrasing
“Are you married, or planning to settle down soon?”
Compliant rewrite
This role requires occasional overnight travel. Are you able to meet that requirement?
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