Job interviews are meant to assess your skills, experience, and fit for a role—but sometimes, interviewers cross the line by asking questions that are illegal or inappropriate.
In Fiscal Year 2022, the EEOC (Equal Employment Opportunity Commission) received 73,485 new discrimination charges, representing an almost 20% increase from the previous fiscal year.
In this article, we’ll break down some common illegal interview questions, why they’re problematic, and how interviewers might try to phrase them differently.
Age or birth year
Age discrimination is illegal in hiring. A 2020 AARP (American Association of Retired Persons) study found that 78% of workers aged 45 to 65 had experienced or observed age discrimination. Employers cannot ask your age, birth year, or graduation dates to determine how old you are.
This question is often used to screen out candidates who are too young or too old based on stereotypes, rather than their skills. The only legal question regarding age is whether you are over the minimum legal working age.
Examples of how this question may be disguised:
- “When did you graduate from college?”
- “How many years until you retire?”
- “What’s your date of birth?”
Marital or Family Status
Your marital status or family situation has no bearing on your ability to do the job. Questions like these may lead to assumptions about future availability or commitment, which can be discriminatory.
Employers are only allowed to ask if you can work specific hours or travel as required. Anything beyond that crosses into personal territory that’s protected by law.
Examples of how this question may be disguised:
- “Are you married or single?”
- “Will your spouse be okay with you traveling for work?”\
- “Do you have family nearby?”
Pregnancy
Questions about pregnancy or future family plans are not allowed in job interviews. The Pregnancy Discrimination Act protects workers from being treated unfairly due to pregnancy, childbirth, or related conditions.
Employers cannot ask if you’re pregnant, planning to become pregnant, or how a pregnancy might affect your work. These questions can lead to biased assumptions about your availability or commitment. Legally, they can only ask if you’re able to meet the job’s schedule and responsibilities.
Examples of how this question may be disguised:
- “Are you expecting a baby?”
- “Do you plan to start a family soon?”
- “Will you need maternity leave soon?”
Religion
Questions about religion can be discriminatory and irrelevant to job performance. Employers must accommodate religious practices unless they create an undue hardship. Asking about religion can also reveal biases that affect hiring decisions, even if unintentional.
Examples of how this question may be disguised:
- “Will you need time off for religious holidays?”
- “Do you go to church/mosque/temple?”
- “Can you work Sundays?”
Nationality or Native Language
Discriminating based on national origin is illegal. Only questions about legal work authorization are allowed. Employers may ask about language proficiency only if it’s directly relevant to the job, but they cannot ask about your ethnicity or where you were born.
Examples of how this question may be disguised:
- “Where were you born?”
- “What’s your first language?”
- “You have an accent—where are you from?”
Disabilities or Medical Concerns
Employers cannot ask about disabilities unless it’s job-related. They should only ask if you can perform essential job functions. The Americans with Disabilities Act (ADA) protects workers from discrimination based on medical conditions, so companies must provide reasonable accommodations instead of screening candidates out.
Examples of how this question may be disguised:
- “Do you have any medical issues we should know about?”
- “Have you ever taken medical leave before?”
- “Are you on any medications?”
Arrest History
In most states, employers cannot ask about your arrest history during the hiring process. An arrest does not mean you were guilty, and asking about it can lead to unfair bias. Some states have strict laws that ban employers from using arrest records in employment decisions. Employers are only allowed to ask about convictions if they are relevant to the job. Always check your state’s laws for specific protections.
Examples of how this question may be disguised:
- “Have you ever been in trouble with the law?”
- “Have you been detained before?”
- “Do you have a clean record?”
Sexual Orientation or Gender Identity
Nearly half of LGBTQI+ adults and 42% of working women in the U.S. have faced workplace discrimination or harassment due to their identity or gender. Sexual orientation and gender identity have no bearing on job performance and are protected under anti-discrimination laws. Instead, they should focus on job-related qualifications and workplace inclusivity.
Examples of how this question may be disguised:
- “Do you have a husband/wife?”
- “Would you be comfortable working with LGBTQ+ employees?”
- “What pronouns do you use?”
Military Discharge Status
Employers can ask about military experience but not about the type of discharge, as it can be discriminatory. A dishonorable discharge does not necessarily reflect work performance or moral character, and many states prohibit asking about it in civilian job interviews.
Examples of how this question may be disguised:
- “Why were you discharged from the military?”
- “Did you leave the military on good terms?”
- “Were you honorably discharged?”
Financial Situation or Credit Score
In most jobs, your credit score or financial history should not affect your chances of being hired. Under the Fair Credit Reporting Act (FCRA), employers must get your written permission before checking your credit.
Even then, many states restrict the use of credit reports unless the job involves handling money or sensitive financial data. Employers should focus on your qualifications, not your finances.
Examples of how this question may be disguised:
- “Have you ever filed for bankruptcy?”
- “Do you have any outstanding loans?”
- “Do you have a good credit history?”
Alcohol or Drugs
Questions about past substance use are illegal unless related to workplace policies. Only current illicit drug use may be discussed. Employers can enforce workplace conduct and safety policies instead of asking about drinking habits.
Examples of how this question may be disguised:
- “Have you ever had a drinking problem?”
- “Do you party a lot?”
- “Do you use recreational drugs?”
Political Organizations
Your political beliefs are personal and should not be a factor in employment decisions. Political discrimination can create a biased work environment, so companies should avoid questions related to affiliations unless legally necessary.
Examples of how this question may be disguised:
- “Who did you vote for in the last election?”
- “Are you affiliated with any political groups?”
- “Do you support any specific political causes?”
