S. Anne Marie Archer

Sep 126 min read

11 Illegal Interview Questions Employers Should Never Ask

Disclaimer: The information provided in this blog post is for informational purposes only and does not constitute legal advice. It is important to consult with legal professionals for guidance on specific legal matters. Results on engagements and online courses may vary, and a successful outcome is not guaranteed.

The hiring process can be daunting enough without the added pressure of facing inappropriate or illegal questions. However many job seekers aren’t aware that certain types of interview questions violate employment laws in the United States. If you’re preparing for an interview, it’s important to know your rights and recognize when you’re being asked something that crosses the line.

In this blog post, we’ll cover 11 questions that employers should never ask during an interview, explain why they’re illegal, and give you guidance on how to respond if one of these questions comes your way.

1. How old are you?

Questions about age are illegal under the Age Discrimination in Employment Act (ADEA), especially when targeting individuals over 40. Employers cannot ask this because it can lead to age discrimination in hiring.

2. What is your nationality or where were you born?

Under the Civil Rights Act of 1964 and the Immigration Reform and Control Act, employers cannot inquire about your nationality or country of origin. Citizenship questions that go beyond verifying work eligibility also fall under this prohibition.

3. What is your religion or what religious holidays do you observe?

Employers cannot ask about your religion or religious practices. Title VII of the Civil Rights Act prohibits discrimination based on religion, and asking about religious holidays can lead to unlawful discrimination in scheduling or hiring decisions.

4. Are you married, single, or divorced?

Asking about your marital status is a violation of privacy and can lead to discrimination based on family status. This is protected under Title VII of the Civil Rights Act and various state laws.

5. Do you have any children or are you planning to have children?

Questions about children or future family plans are illegal under the Pregnancy Discrimination Act. These questions can be used to discriminate against candidates, assuming they won’t be available or committed to the job due to family responsibilities.

6. Do you have any disabilities or health problems?

Employers cannot ask about your health status or disabilities. Under the Americans with Disabilities Act (ADA), questions about your ability to perform specific job duties are allowed, but inquiries about your overall health or disabilities are not.

7. What is your race or ethnicity?

Questions about race or ethnicity are illegal under Title VII of the Civil Rights Act. Any attempt to ask about or infer race during the interview process could be seen as discriminatory and unlawful.

8. Have you ever been arrested?

While employers can ask about convictions (depending on state laws), questions about arrests are generally prohibited. Under EEOC guidelines, arrest records can unfairly lead to discrimination, especially since an arrest doesn’t indicate guilt.

9. What is your sexual orientation or gender identity?

Questions related to sexual orientation or gender identity are illegal under Title VII of the Civil Rights Act, as recently affirmed by the U.S. Supreme Court. These questions serve no legitimate purpose and can lead to discrimination.

10. What is your military discharge status?

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), asking about the type of military discharge is illegal. Employers can only inquire about your military service as it relates to your qualifications.

11. Are you in debt or planning to buy a home soon?

Inquiries into your personal financial situation, such as debt or plans to buy a home, are inappropriate. These questions can lead to economic discrimination and are irrelevant to your ability to perform a job. Under the Equal Credit Opportunity Act (ECOA), such questions may also violate privacy protections and consumer lending laws.

What Should You Do if You’re Asked an Illegal Question during an Interview?

It’s uncomfortable when an interviewer poses an inappropriate or illegal question, and knowing how to respond in the moment can be challenging. Here’s a step-by-step guide on how to handle these situations:

1. Stay Calm and Professional

First and foremost, keep your composure. Even though the question is inappropriate, it’s important not to become defensive or confrontational. Staying calm will help you think clearly and respond effectively.

2. Politely Redirect the Conversation

You can steer the conversation back to relevant job-related topics. For example, if asked about your age, you could say:

“I’m fully committed to bringing my experience and skills to this role and meeting the company’s goals.”

This keeps the focus on your qualifications and avoids directly answering the inappropriate question.

3. Ask for Clarification (If You’re Comfortable)

If you feel comfortable, you can politely ask for clarification. For instance, if you’re asked about family plans, you might say:

“I’m not sure how my family situation relates to my ability to perform in this role. Could you clarify?”

This puts the interviewer on notice that their question may be out of line without escalating the situation.

4. Consider Whether This is an Employer You Want to Work For

An illegal question can raise serious concerns about the company’s culture and respect for employment laws. If an interviewer crosses this line, it’s worth asking yourself whether this is the kind of employer you want to work for. Companies that disregard your legal rights in the interview process may not respect your rights once you’re an employee. Consider whether this interaction reflects the values and culture you would feel comfortable working in long-term.

5. Report the Incident

If you believe the question was not only inappropriate but also indicative of illegal discrimination, you can report it. You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. Documentation of the interview and the specific question(s) asked will help your case.

Conclusion

Knowing your rights in the hiring process can protect you from illegal or inappropriate questions. If an employer crosses the line, there are polite ways to handle the situation while maintaining professionalism. However, if you suspect a pattern of illegal behavior, or if you feel that the question reflects a deeper issue with the company’s values, you might want to reconsider whether this is an environment in which you’d want to build your career.

The key takeaway is that you should never feel obligated to answer illegal questions. Your personal information—such as age, race, religion, family status, or financial situation—has no bearing on your ability to perform a job and should not be used to assess your candidacy.

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