Marital status in an interview: what can be asked, and what could lead to a lawsuit
The Labor Code of the Russian Federation explicitly prohibits discrimination in hiring, including based on family status. This was reminded by Alexander Kuznetsov, an expert in labor law and a lawyer at hh.ru. However, as the specialist notes, the law does not contain direct restrictions for employers regarding questions about marriage, children, or plans for pregnancy.
However, there is an important nuance: if a job applicant is denied employment and similar questions were raised during the interview, this may be regarded as a reason for refusal, which is illegal. Thus, HR departments risk facing claims, even if the formal reason for refusal was justified otherwise.
Moreover, companies are advised not to request documents regarding the family status of candidates. The Law on Personal Data prohibits the collection and processing of information not related to employment purposes. Accordingly, the applicant has the right to refuse to answer private questions, as family status does not pertain to business qualities, experience, or qualifications.
Legislation, as Kuznetsov clarified, does not regulate the interview procedure in detail — neither the list of permitted questions nor the obligation of the candidate to answer them. Therefore, the decision on what personal information to disclose remains with the applicant.
The expert also focused on guarantees for pregnant women. The mere fact of pregnancy does not provide advantages in hiring and does not obligate the employer to conclude a contract. However, refusing to hire for this reason is prohibited. After being hired, special guarantees come into effect for pregnant women: a ban on the probationary period, dismissal at the initiative of the employer, and assignment to night shifts.
Information about family status may be relevant after the hiring decision has been made. For example, for women with children under one and a half years old, the law establishes a ban on the probationary period. Starting from September 1, 2026, this guarantee will be extended to women raising children under three years old.
The lawyer also recommends that employers not include family status in the requirements for candidates or in the job descriptions. Exceptions are made in cases where it concerns social benefits — New Year gifts for employees' children, compensation for children's camps, or other family support measures. In this context, mentioning family status is appropriate, but no longer as a selection criterion, but as information about bonuses for the future employee.
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Marital status in an interview: what can be asked, and what could lead to a lawsuit
Questions about personal life during interviews are a common practice, but lawyers warn: they can become grounds for discrimination claims. An expert explained whether a candidate is obliged to answer such questions, when information about children is still needed by the employer, and what changes await women with children starting September 1, 2026.