Illegal Interview Questions

There are many questions that are considered to be off limits during the interview process. Federal and State laws prohibit employers from discriminating against job applicants based on their race, religion, sex, gender identity, sexual orientation, age, disability, marital status, pregnancy, etc. A job applicant always has the option to terminate the interview or not answer illegal interview questions. Below are examples of some illegal interview questions vs legal interview questions.

Students who have questions or feel they have been illegally discriminated against by an interviewer or employer should contact The U.S. Equal Employment Opportunity Commission (EEOC).

Illegal vs Legal Questions

Age

Illegal Question: How old are you?, When were you born?, How long have you been working?
Legal Question: Do you have any concerns about handling the long hours and extensive travel that this job entails?, Are you at least 18 years of age?

If faced with an illegal question about your age you may choose to not answer the question, or vaguely but truthfully answer the question by stating something like "my age is not an issue for my performance in this job".

Disability Status

Illegal Question: Do you have any disabilities or medical conditions?, Do you take any prescription drugs?, How is your health?, Have you been diagnosed with a mental disability?
Legal Question: Are you able to perform this job with or without reasonable accommodations?, Do you have any conditions that would keep you from performing this job?, Are you able to carry items up to 30 pounds?

If you choose to answer an illegal question about disability status you could state "I am confident that I will be able to handle the requirements of this position".

Religion

Illegal Question: What is your religion?, Are you practicing?
Legal Question: Can you work on weekends? (should only be asked if the position requires you to work weekends.)

An applicant's religious affiliation is generally considered as non job related. However, employers who identify with a specific religion (e.g. religious corporations, associations, education institutions, or societies) are permitted to have a preference for hiring persons of the same religion.

Work/Visa Status and Citizenship

Illegal Question: Are you a U.S. citizen?, Where were your parents born?, What is your native language?
Legal Question: Are you authorized to work in the U.S.?, What languages do you speak? (if relevant to the position)

If faced with an illegal question about your work/visa status or citizenship you may choose to not answer the question. If you choose to answer the question you could state "this question does not affect my ability to perform the job".

Marital/Family Status

Illegal Question: Are you married?, Do you have children?, If so, what do you do for child care?, Are you planning to have children?, Have you ever been divorced?, Where is your spouse employed?
Legal Question: Are you willing to relocate if the position requires?, Are you willing and able to put in the amount of overtime/travel the position requires?

If faced with an illegal question about your marital or family status you could state "I am able to perform all duties that the position requires".

Criminal/Arrest Record

Illegal Question: Have you ever been arrested?
Legal Question: Have you ever been convicted of any crime other than a traffic violation?

If you choose to answer an illegal question about your criminal/arrest record you could state "there is nothing in my past that would affect my ability to perform the duties that this position requires". Depending on the state and the position you are applying for, the employer may be able to check your criminal record as part of an employment background check.

Military Discharge

Illegal Question: What type of discharge did you receive from the military?
Legal Question: What branch of the military did you serve in?, What type of education/experience (relating to the position) did you earn while in the military?

When answering illegal questions pertaining to military discharge you could state "there is nothing in my record that would impair my ability to succeed in this position".

When faced with an illegal interview question you have the option to answer the question, question the relevance of the question, or discretely avoid the question. Even though an interviewer may have asked an illegal question it doesn't always mean that the purpose of the question was to discriminate against you. Some interviewers may be unknowledgeable on the laws that apply to interviewing. If you have questions or feel you have been illegally discriminated against by an interviewer or employer you should contact The U.S. Equal Employment Opportunity Commission (EEOC).