Illegal Job Interview Questions

Job interview questions can be difficult to answer. Employers may ask about your weaknesses and why you left your last job. However, some questions are not just difficult — they are illegal. Illegal job interview questions can violate your civil rights and be a form of discrimination. 

Interviewers should ask questions relevant to the job. If a hiring manager asks you about your race, family status, or other protected status, it may be against the law. You can file a complaint with your state employment protection agency. Contact an experienced employment law attorney for legal advice. 

Why Are Some Job Interview Questions Illegal?

Under state and federal laws, employers cannot discriminate against job seekers based on their protected status. For example, it is illegal to discriminate against job seekers based on their religion. If someone asks you when you can’t work because of religious holidays, that is an illegal interview question. 

Employment discrimination protections aren’t limited to the interview process. It includes all aspects of employment, including job applications, the hiring process, and making reasonable accommodations.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in employment. Protected status includes your:

• Race or ethnicity
• Skin color
• Religious affiliation
• Sex (gender identity, sexual orientation, and pregnancy status)
• National origin
• Disability or medical conditions
• Military or veteran status

These protections have developed over time with the passage of employment protection laws. These include Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

State laws can have additional protections beyond federal law. Many states also prohibit discriminating against workers based on criminal history. Certain employers cannot ask about applicants’ criminal records until after they make a conditional job offer. This also means they can’t have questions about arrest records or conviction records on the job application. 

Where Were You Born?

This question might seem like a common conversational question when first meeting someone. However, this could be a way to find out your national origin. An employer may try to see if you are a U.S. citizen or born somewhere else. They also can’t ask to see your birth certificate or where your accent is from. In general, employers cannot discriminate against employees based on where they are from. If you are eligible to work in the U.S., it does not matter where you were born. 

What Is Your Native Language?

An employer can ask whether you speak a language fluently if it is a requirement for the job. For example, if job responsibilities require an English-speaking employee to be bilingual, it is legal to ask whether you speak Spanish or another required language. However, it is illegal to ask about your native language, as this could establish national origin. 

Are You Married?

You may ask this simple question to anyone you are getting to know. However, this isn’t something an employer should ask job candidates. It is an illegal interview question because employers cannot discriminate on the basis of marital status. Employers also shouldn’t ask about your maiden name for the same reasons. 

Do You Have Children?

If the employer has a picture of their family on their desk, it may seem natural to ask if you have kids. However, employers cannot ask about children when it relates to gender, marital status, or disabilities. An employer may be trying to see if you will be taking medical leave to care for a child or family member. The employer may not want someone who needs time off for childcare arrangements. This simple question can lead to discrimination.

Do You Plan To Have a Family?

This interview question doesn’t seem as innocent as some of the others. This is the kind of question that should raise red flags. Pregnancy discrimination is against the law. This includes a current pregnancy, past pregnancy, or potential pregnancy. The Pregnant Workers Fairness Act also requires employers to provide reasonable accommodations related to pregnancy, childbirth, and breastfeeding. 

How Old Are You?

Federal law protects workers age 40 and older against age discrimination. Asking how old you are can violate your rights. Employers can be sneaky with these kinds of questions. They may have job ads that imply they are seeking younger employees without saying so outright. The company may advertise the job for their “young team” or “youthful culture.” Even though these don’t mention age specifically, it could lead to discrimination against older workers. 

What Do You Do for Christmas?

Even if Christmas is right around the corner, asking what you will do for Christmas, Passover, Ramadan, or other holidays is an illegal interview question. These holidays can be religious or cultural. Race, religion, and national origin are off-limits for a job interview. If an employer has concerns about your work schedule, they can ask if you can work on holidays and weekends. They can’t ask about specific religious observances or where you go to church.

Do You Have a Disability or Chronic Illness?

If a job requires some specific physical tasks, an employer can ask whether you can perform these tasks with reasonable accommodation. However, to ask about a specific health condition is illegal. Employers also can’t ask about disabilities if they are not related to a bona fide occupational qualification. This also includes questions about medication, rehab, or mental health. 

Are You in the National Guard?

Some companies may find it disruptive when employees leave for duty. It is illegal to discriminate against applicants because they are reservists or National Guard members. Employers also can’t discriminate based on your past, present, or future military service. 

What If the Employer Asked an Illegal Question and I Didn’t Get the Job?

You may be able to file an employment discrimination claim if the interviewer asks illegal questions and you don’t get the job offer. They may have used your answers to disqualify you from the job and hire someone else. This is job discrimination and against the law. If you have questions about employment discrimination during a job interview, talk to an employment lawyer for help. They can advise you about filing a claim with the appropriate government agency or filing a lawsuit against the company.