Illegal Interview Questions to Avoid Asking in Job Interviews

Politics and religion are the two topics most families know not to discuss over dinner. In job interviews, they are exceptionally bad form.

You want to get to know candidates and ensure they’ll be a good fit for the role and existing company culture. What you don’t want to do is cross the line between being professional and prying by asking illegal interview questions, lest your company be in the mood for a lawsuit.

Before you start the interview, review these faux pas so that all your questions result in positive impressions and you don’t have to experience the embarrassment of overstepping or offending. 

In the United States, various federal and state laws forbid employers from discriminating against job applicants based on specific protected characteristics like race, color, religion, sex, age, national origin, and disability.

If you have interviews lined up for an open position, review this guide first to ensure you're asking the right questions. Additionally, consider using interview scheduling software to simplify the scheduling process and enhance the candidate experience.

Illegal questions in an interview

Certain personal questions are illegal to ask in a job interview, according to both federal and state laws. These questions are unrelated to the job opening and can have you facing discrimination claims, lawsuits, or even investigations by the U.S. Equal Employment Opportunity Commission (EEOC).

20 illegal interview questions

You must avoid asking the questions mentioned below. A limited number can be asked if an employer can prove that those qualities are relevant and necessary to fulfill a job’s specific requirements. These exceptions are referred to as bona fide occupational qualifications (BFOQs).

Age

Do not ask how old a candidate is. Instead, if required, you can frame the questions like "Do you meet the minimum age requirement for the job’s hours or conditions?" "Are you 18 years or older?" 

Do not ask:

• How old are you?
• What is your date of birth?
• What year did you graduate high school?

Race

Do not ask about someone’s ancestry, nationality, or family history. Questions aimed at identifying an applicant’s race are always inappropriate and unacceptable.

Do not ask:

• What is your racial background?
• Do you belong to any minority groups?

Gender or marital /family status

You may only ask about an applicant’s gender if it is a bona fide occupational qualification. Otherwise, questions regarding gender and family situation should not be asked during an interview.

Do not ask:

• How do you wish to be addressed-- Mr., Mrs., Miss, or Ms.?
• Are you currently married?
• Do you have any children or plan to have children?

It's okay to ask questions like, "Can you relocate?" or "Can you work overtime?"

Religion

Do not pry into an individual's religious or moral belief system. It’s inappropriate to ask about someone’s religion or the specific days they may need off for religious observances.

Do not ask:

• Are you practicing?
• What religious holidays do you celebrate?
• Do you go to church regularly?

Birthplace

Do not question where an individual was born or whether they have citizenship in your country. HR managers are not entitled to this information as long as the applicant's documentation is valid. When needed, you can ask, "Are you authorized to work in the U.S.?"

Do not ask:

• Are you a citizen of the United States?
• What is your nationality?
• Can you share your cultural background?
• Where were your parents originally from?

Disability status

Never ask an individual if they have a disability or any other mental or physical limitations. Although these questions are prompted in many initial application processes, individuals have a right not to reply.

Do not ask:

• Do you have any disabilities or health conditions?
• Have you ever participated in a rehabilitation program?
• Have you experienced any injuries in the workplace?

Criminal record questions

While federal law does not explicitly ban employers from inquiring about arrest and conviction records, various state laws restrict how prospective employers can use this information. It’s important to consult state-specific regulations for further guidance.

Do not ask:

• Have you ever been arrested?
• Have you ever spent a night in jail? 

Questions with no relevance to the job

These questions aren’t always offensive, but they are unnecessary. While you may think it’s funny to sit candidates through an in-person Buzzfeed quiz, they’ll leave feeling as though you’ve wasted their time and were never truly interested in their candidacy.

To encourage candidates to take your company and the interview seriously, avoid questions such as the following, which are inappropriate in a professional conversation.

• What’s your favorite ------? You do not need to know your candidate’s favorites or interests, whether it be color, TV show, or PowerPuff Girl. If they come up naturally in conversation, that’s great – lean into that human connection and see if you have something in common. But spending your limited time with candidates asking questions unrelated to their experience and potential will, in the best case, confuse them and, in the worst case, annoy them.
• Questions about drinking or other activities: An interview is not the time to find out if a candidate goes dancing on the weekend, if they drink alcohol or other nighttime and weekend activities. If drinking and going out is a part of your company culture, bring that up so a candidate understands how your employees like to socialize. However, an interview room is not the same as a check-up; you have no business asking candidates how often they drink or smoke.
• What-if questions: Avoid questions regarding hypothetical scenarios that would never happen in this role. Unless the role is creative and you’re trying to test the candidate’s ability to think of content on their feet, there’s no reason to present them with unrelated scenarios. This reads as an unexpected test, which is inappropriate unless you actively try to test the candidate.
• Too personal: Interviewees don’t know you. They don’t know your intentions or personality, and the questions your employees are okay with might not be the same questions your applicants wish to answer. In an interview setting, avoid getting too personal, and stay away from any questions that resemble the following.
• Questions about a person’s childhood: While a person’s upbringing is a central aspect of who they are, you have no business directly referring to it in an interview. If you’re curious about their background, maybe ask questions such as, “What’s a time you had to overcome a difficult situation?” If their childhood is a relevant response, let them decide to talk about it.
• Physical appearance: A person’s weight, facial features, and dress style are personal characteristics not mentioned in a professional setting. For one, many comments on physical appearance can be construed as harassment, if not just plain rude. Secondly, you never know a person’s situation. While complimenting a blouse or a bag is okay, commentary on the product’s quality or brand might go beyond comfortable conversation.

Trick questions

Some interviewers like to play games with interviewees by asking them philosophical or trick questions to see if they can get an interesting or insightful response. However, these questions can often be irrelevant. I would avoid any kind of interview question that can be classified as a “trick.”

You didn’t bring in candidates to prank them and make them look like fools. They aren’t an audience volunteer at a comedy show. You’re trying to show them the engaging elements of your company that will make them want to work for you. These questions are slightly relevant in jobs where employees have to think on their feet or use a certain type of logic to arrive at the best conclusion.

For example, nurses and other healthcare professionals must make life-or-death decisions immediately and with minimal sleep or downtime. Some psychological or moral questions might be necessary for a job like this, but they would not be appropriate for an account executive role.

How to respond to illegal interview questions: tips for candidates

As an interviewee, you could encounter illegal questions. While not always meant inappropriately, it’s important to recognize and handle them correctly. Here’s how.

Feel free to communicate to a potential employer that you feel uncomfortable answering that question or explain why you feel it is not something they should have asked. Interviewees have the right not to respond or to move past any of the aforementioned questions.

In cases of discomfort, consider leaving the interview, as interviews are as much for the candidate as they are for the company. In all situations, ask yourself if the question at hand has anything to do with your ability to perform the job.

If the questions are irrelevant and seem to come from a place of discrimination, move past them. Interviewers can ask questions about what hours you are available per week. If you have regular conflicts regarding your religion, those conflicts are something for the interviewer to be aware of. Your specific beliefs, however, remain your private information.

 In an uncomfortable situation, you can turn around and ask the interviewer a question like “Could you please explain the relevance of this question to my performance in the role? ” It's a great way to reverse the question without seeming argumentative in an interview. If they don’t have a good answer for why they’re asking this question, you are justified in thinking it is inappropriate, and the employer has just given you a reason not to answer them.

How to respond to a trick question

When asked trick questions, it’s natural to want a moment to think of a reply. Feel free to take a minute to dig inside your brain and develop your answer. The pause may feel awkward, but your answer will benefit. Try to think of the question as a metaphor, and answer in a way that exposes your values.

The employer does not want the actual question answered. They want to know your priorities and understand your critical thinking skills to determine how you arrived at a decision. As with the other types of questions, if any “what-ifs” read as inappropriate or unnecessary, use your voice to speak up and say so.

Ask the right questions

Interviews reflect the company standing on the other side of the glass. The questions you ask provide candidates with an inside look into the heart of your organization and give them an idea of what it’s like to work for you. How you treat candidates in an interview is almost more important than the interview responses themselves.

Want to elevate the candidate experience even further? Try candidate relationship management software for personalized interactions and high engagement.

This article was originally published in 2018. It has been updated with new information.