It’s Illegal for Employers to Ask These Questions in Interviews

Editor's Note: This story originally appeared on Zety.com.

Hold up! Is that interview question even allowed? Dive into our guide on illegal interview questions and discover the off-limits inquiries you should be aware of.

With this knowledge, you’ll confidently answer legal questions and avoid awkward and illegal questions during your interview.

This guide will show you:

• Legal versus illegal interview questions forbidden by the EEOC.
• Off-limits topics that spawn inappropriate interview questions.
• Hidden illegal questions an employer cannot ask that may seem harmless.
• What to do if an employer doesn’t know what not to ask in an interview.

Illegal Interview Questions and Topics

Ready for the short list of illegal interview questions?

We’ve got all the no-no topics here, including race, age, disability, and religion.

Want more detail? Keep reading for the specific questions not to ask in an interview.

Illegal Interview Questions

It is illegal to ask a candidate questions about their:

• Age or genetic information
• Birthplace, country of origin or citizenship
• Disability
• Gender, sex or sexual orientation
• Marital status, family, or pregnancy
• Race, color, or ethnicity
• Religion

There are exceptions. Sometimes the U.S. government requires employers to ask about race, age, and other details. That can be for census data or affirmative action programs.

Grey Areas for Illegal Job Interview Questions

Height, weight, citizenship, and similar concerns may count as inappropriate interview questions. It depends why the employer asks and how they use the info.

• Height/Weight
• Financial Information
• Unemployed Status
• Background Checks
• Citizenship
• Medical Questions & Examinations

That covers all the topics for illegal questions to ask in an interview. For specific questions you can’t ask in an interview, keep reading.

Pro Tip: Which of the following is inappropriate to ask on an employment application: (1) How old are you? (2) Do you have a disability? (3) What’s your race? Those are illegal employment questions under most conditions. But for affirmative action use, all of them are allowed.

Illegal Job Interview Questions

It’s a fine line.

There are dozens of questions you can’t ask in an interview, and hundreds more you can.

Which is which? As a job seeker, how do you know when to talk, and when to zip it?

The U.S. Equal Employment Opportunity Commission (EEOC) sets ground rules for illegal questions an employer cannot ask.

Generally it comes down to intent. If the question could be a discrimination tool, it’s out.

The following are illegal questions to ask in an interview.

Age

The Age Discrimination in Employment Act of 1967 protects job seekers over 40. Age questions not to ask in an interview include:

Illegal Interview Questions:

• When were you born?
• How old are you?
• What’s your birth date?
• What year did you graduate high school?

Why does high school graduation date make the list of questions you can’t ask in an interview? It can show your age.

Can Ask:

• However, “How old are you?” and “What’s your birth date?” are acceptable if age is a legal requirement for the job. For example, if you might be under 18 or whether you’ll be working in a bar.

Country of Origin and Citizenship

For most employers, citizenship makes the list of illegal questions to ask in an interview. As long as the applicant’s paperwork is legal, hiring managers aren’t entitled to this info.

Illegal:

• Are you a U.S. citizen?
• Where were you born?
• What’s your background?
• Can you send your birth certificate?
• How did you learn Spanish?
• Are your parents from the U.S.?

Can Ask:

• Are you legally allowed to work in the U.S.?
• Can you read, write, and speak in English?
• Do you have any other names?
• If we hire you, can you show proof of citizenship?

Pro Tip: Employers can ask about other languages if it’s a job requirement. (For example, translators or people who work with Spanish-speaking clients.)

Disability

Most inquiries about disabilities and medical conditions count as illegal interview questions. Employers are only allowed to ask, “Can you do the job?”

Illegal:

• Are you disabled?
• Have you ever had a workplace injury?
• Have you ever filed a claim for worker’s comp?
• Do you have a medical condition that would prevent you from doing this job?

Can Ask:

• Can you perform all the duties in the job description?

Gender, Gender Identity, and Orientation

If the applicant’s gender is a bona fide occupational qualification, it can be asked about. Otherwise, these are questions you cannot ask in an interview as an employer:

Illegal

• What’s your gender?
• What’s your sex?
• Male/Female?
• What’s your sexual orientation?
• How do you identify?
• Have you had transition surgery or treatments?

However, employers can ask “What’s your gender?” — if it’s a proven job requirement.

Marital or Family Status / Pregnancy

Questions about pregnancy, plans for family, children, and child care are illegal job interview questions. Can an employer ask about your family? Nope.

Illegal

• Are you married?
• Do you have children?
• Are you single?
• What’s your marital status?

Can Ask

• Can you perform the duties in the job description?
• Nothing else! Not even if an applicant is obviously pregnant.

Pro Tip: In some cases, even illegal interview questions can be legal. That’s if the question asks about a Bona Fide Occupational Qualification (BFOQ).

Race, Color, or Ethnicity

An employer may need to ask about race for affirmative action programs. Otherwise, here are some examples of what not to ask in an interview:

Illegal

• What’s your race?
• What’s your color?
• What’s your ethnic background?
• What nationality are you?

However, questions about your race/ethnicity are okay for affirmative action programs, but never on the phone. If you’re an employer, get legal advice before you ask.

Religion

Religious organizations can discriminate based on religion. For all others, inquiries about religion are questions you can’t ask in an interview.

Illegal

• Are you religious?
• What religion are you?
• What’s your denomination?
• Who’s your pastor?

Can Ask

• Nothing!

Height and Weight

Height and weight can tie into race. That’s why these are illegal interview questions.

Illegal

• How much do you weigh?
• How tall are you?

Can Ask

• Can you do all job duties listed in the job description?

Pro Tip: In very rare cases, a certain height/weight may be a necessary job requirement. Otherwise, height/weight is off limits.

Financial Information

Some questions about financial status have been used to discriminate against minorities. However, if they don’t get at race, religion, national origin, sex, age, disability, or genetic information, these aren’t inappropriate interview questions.

Illegal Interview Questions (if Used to Discriminate)

• Do you own a car?
• Do you own or rent your home?
• Are you in debt?

Can Ask

• If owning a car is part of the job, employers can ask “Do you own a car?”

Unemployment Status

Employers can ask about unemployment status if they don’t use it against certain races, ages, or other groups.

Illegal

• When did you enter the workforce? (This can hide age discrimination.)

Can Ask

• What’s your current salary? (In some states.)
• How long have you been unemployed? (Okay if they reject all candidates based on unemployed status.)

Pro Tip: Can you ask a person why they left their last job? Yes.

Background Checks and Credit Checks

If background checks aren’t used against a protected group, they’re not inappropriate interview questions.

Illegal

• Do you own or rent your home?
• Do you have a bank account?
• Have you declared bankruptcy?
• Have your wages been garnished?
• Using background checks to discriminate by age, race, religion, medical condition, etc.

Can Ask

• Background checks are legal.
• For credit checks, check the Fair Credit Reporting Act and the Consumer Credit Reporting Reform Act.

Medical Questions and Examinations

Employers shouldn’t judge whether someone with a medical condition can do a job. Medical queries are important questions to avoid in an interview.

Illegal

• Do you have a disability?
• How did you lose your leg/arm?

Can Ask/Say

• How will you do the job functions?
• The job is conditional on passing a medical exam. (If all other applicants take the same exam.)

Address

Employers can ask about your address, but they have to be careful. If they uncover your finances or family situation, these are illegal interview questions:

Illegal

• Do you rent or own your home?
• Who do you live with?
• What relation to you are the people you live with?

Can Ask

• What’s your address?
• How long have you lived at that address?
• What’s your previous address?
• How long did you live at your previous address?

Arrest Record

Asking about arrest records can constitute illegal interview questions in some states.

Illegal (In Some States)

• Have you been arrested?

Can Ask

• Have you been arrested? (In some states, or if applying to a law enforcement agency)
• Have you been arrested? (If the arrest is directly related to the job title. For example, if you were arrested for embezzling at your last CPA job and you’re applying to a CPA position.)

Convictions

Queries about convictions are usually illegal questions an employer cannot ask. Exceptions are if the conviction is related to the job, or if the job is sensitive.

Illegal

• Any questions about convictions not directly related to the job

Can Ask

• Questions about convictions for sensitive or related job openings

Pro Tip: Custodial jobs can be “sensitive” because they allow access to a facility.

Availability

Availability questions aren’t illegal interview questions, according to the EEOC. That said, they can be illegal questions if they could be used to discriminate.

Illegal

• Can you work weekends? (Could be seen as asking about religion.)
• Can you work nights? (Illegal if the employer only asks women.)

Can Ask

• What days can you work?
• Can you travel for work?
• Do you have reliable transportation to work?

Education

The EEOC doesn’t mention education in their list of questions not to ask in a job interview. Still, some education questions can uncover an applicant’s age.

Illegal

• When did you graduate? (Age discrimination)

Can Ask

• Do you have a high school degree or GED?
• What school did you go to?
• What degree do you hold?

Emergency Contact

Emergency contact information isn’t on the list of illegal interview questions. Even so, employers shouldn’t ask for it until after they hire.

Illegal

• Can’t ask until after the applicant is hired. May reveal sexual orientation or national origin.

Can Ask

• Okay to ask after applicant is hired.

Military Service

Military service isn’t on the list of inappropriate interview questions. However, in most cases employers shouldn’t ask about the type of discharge the applicant received.

Illegal

• Why were you discharged from the military?
• Were you in a foreign military service?

Can Ask

• What training/experience did you receive that relates to this job?
• Why were you discharged? (If the job requires a security clearance.)

Organizations

Employers can’t ask about non-professional organizations. If they do, it can be seen as asking about race, gender, age, etc. Here are some interview questions not to ask:

Illegal

• What fraternity were you in?
• Are you in the local country club?

Can Ask

• Are you in any professional associations/organizations?

Personal Info

There’s often nothing wrong with asking about other names. Some personal info can show family status, race, or other sensitive details. In those cases, these are illegal interview questions:

Illegal

• What’s your maiden name?
• Have you changed your name?

Can Ask

• Have you worked for us before under a different name?

Relatives

Asking about family status isn’t legal except when it bears directly on the job. Inquiries about conflicts of interest aren’t illegal questions to ask in an interview.

Illegal

• Can you give the names of any relatives who work for our competition?

Can Ask

• Do you have relatives working for our competition?
• Do you have relatives work for us? What are their names?

Pro Tip: Asking about family status can be a veiled attempt at age or race discrimination. Unless employers can prove a legitimate reason to ask, they shouldn’t.

What if They Ask Illegal Interview Questions?

Ick. The employer asked illegal interview questions. Now you want a shower or at least to wash your hands.

What do you do if the hiring manager asks illegal job interview questions?

In most cases, change the subject, then look for a different employer.

If you feel strongly about it you can report them. Before you reach for the phone, consider:

• Most illegal interview questions are asked innocently.
• Many employers are ignorant about inappropriate interview questions.

How to Handle an Illegal or Inappropriate Question During an Interview

When an employer asks inappropriate interview questions, take the following steps:

• Decide whether you want to answer. You don’t have to answer illegal employment questions.
• Know that the employer can’t retaliate if you lie to answer illegal job application questions. (That violates your civil rights.)
• Get a written copy of the question. If you can’t, write it down and save it.
• If you decide to report the employer, contact the EEOC office near you.
• If you still want the job despite the red flags, dodge the question or answer it. Either way, move on.
• If they hire you, keep a copy of any discriminatory interview questions. If you’re fired later, you may have a legal claim.

Pro Tip: Still not sure how to respond to illegal interview questions? You can always answer, then decide later if the hiring manager crossed a line.

Legal Interview Questions

The truth? Can you handle it?

Employers can ask almost anything not in the list of illegal interview questions above. Here’s a list of common legal interview questions you may face:

Legal Interview Questions List

• Tell me about yourself.
• Why should we hire you?
• Describe what you do in your current position.
• Why did you leave your last job?
• What is your greatest strength?
• What is your greatest weakness?
• Where do you see yourself in five years?
• What is your management style?
• Do you have any questions for me?
• What are your salary requirements?

Pro Tip: If you get the interview, you’ll get most of the legal interview questions above. Be ready. Come up with an answer for each, then rehearse.

How to Ace an Interview

Here’s a secret. Focusing on illegal interview questions won’t get you hired.

Now that you know your rights, dive in and ace the interview. Here are a few tips to make employers follow you like a World Cup ball.

• Research the company and use their products or services. Check them out in Glassdoor.
• Prep for their legal interview questions. Check the section above for the ones you’ll face.
• Bring your own interview questions to ask them. They’ll ask, “Do you have any questions for us?” Asking the right ones can get you hired.
• Check your online presence. One offensive joke on Twitter from 10 years ago can wreck you. It happened to James Gunn.
• Use the STAR method for behavioral interview questions. Answer with a Situation, Task, Action, and Result.

Pro Tip: Before you sit for the interview, take the time to make a brag list of your best achievements.

They make the perfect answers to most legal interview questions.

Key Takeaways

Here’s a recap of our illegal interview questions guide:

• You don’t have to answer illegal interview questions forbidden by the EEOC.
• Use the general list of inappropriate interview question topics above to know the questions you can’t ask in an interview.
• What not to ask in an interview comes down to intent. Generally, if it can be used to discriminate, it’s off limits.
• If an employer asks illegal employment questions, you don’t have to answer. If you feel they discriminated, you can contact the EEOC.