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During the interview with a prospect, it was learned that he will be living with a teenage son. The question was asked if he's divorced. The intention was to determine if there would be aggressive marital issues with custody that could result in disruption in the building. Is this a legal topic to broach during the interview?
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Since that is considered a potentially discriminating question. There is always ways around these and other ways to ask...
"we are offering a 1 bedroom apartment, is that suitable to your needs and future plans?" usually from there, they will open up with the details...
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Here is a fact sheet from the New York Department of Labour.
You cannot ask marital status for the very purpose you listed; bias, e.g. there could be "aggressive marital issues with custody".
https://labor.ny.gov/careerservices/PDFs/p117.pdf
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