Illegal Interview Questions to Avoid Asking in Job Interviews

As a recruiter or hiring manager, you probably spend hours crafting thoughtful questions to uncover a candidate’s true potential. But even with the best intentions, it’s surprisingly easy to cross a legal or ethical line during an interview.

A friendly question meant to break the ice can sometimes fall into the category of illegal interview questions, creating an awkward moment for candidates — and potentially leading to legal or compliance issues for your organization.

That’s why it’s essential to prepare interview questions thoughtfully. Knowing which topics are off-limits and how to reframe them keeps the conversation professional, inclusive, and aligned with company values. It also shows candidates that your organization takes fairness and respect seriously, qualities that go a long way in shaping employer reputation.

In this guide, we’ll explore what qualifies as an illegal interview question, why these questions are risky, and how to ask better alternatives that still help you assess fit. We’ll also touch on how tools like interview scheduling software can help streamline communication, maintain consistency across hiring teams, and create a smoother candidate experience overall.

Before the next round of interviews, take a moment to review these best practices, so every question asked reflects your company’s commitment to professionalism and equity.

What makes a question illegal 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).

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. This is a problem because a candidate's age is not an indicator of their ability and asking can lead to illegal, age-based bias and unfair assumptions.

Do not ask:

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

Instead, ask: 

• This position requires you to be at least 18 (or 21) years of age. Do you meet this requirement?
• Are you legally authorized to work?

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?

Instead, ask:

• This role requires proficiency in [Language 1] and [Language 2]. Can you describe your level of professional fluency in both?
• Tell us about how you have worked with people from different backgrounds or with different working styles in the past.

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?

Instead, ask:

• Can you relocate?
• 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?

Instead, ask: 

• The required work schedule for this role is [e.g., Tuesday to Saturday, 9 AM to 6 PM]. Are you able to commit to this schedule?
• This role requires work on weekends and occasionally during festival seasons. Please confirm your ability to meet this requirement.
• Is there anything that would prevent you from meeting the expected work schedule on a consistent basis?

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?

Instead, ask: 

• Are you legally authorized to work in the United States?
• Tell me about your experience working in diverse teams. 

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?

Instead, ask: 

• Are you able to perform the essential functions of this job, with or without reasonable accommodation?
• This role requires [describe a specific physical task, e.g., 'lifting boxes up to 15 kgs' or 'standing for extended periods']. Are you able to meet this requirement?

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? 

Employers must use a formal background verification process instead of asking about a criminal record in the interview, which is improper and legally risky. This separate procedure is the correct way to address such requirements and should only be initiated after a candidate has been selected and given a conditional offer.

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 engage in 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.
• Personal philosophies or beliefs: Questions like "What's your zodiac sign?" or inquiries about political opinions are deeply inappropriate. They have zero bearing on job performance and open the door to stereotyping and biased judgments.
• 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.

What should candidates do if they’re asked an illegal or inappropriate question?

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 can you handle trick or brain-teaser questions in interviews?

Trick or brain-teaser questions can feel unexpected, especially when you're prepared to talk about your experience, not solve puzzles. While some interviewers use them to break the ice or explore creative thinking, they’re not always relevant — and rarely have a “correct” answer. 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.

If you find yourself faced with one, pause. It’s perfectly acceptable to take a moment and collect your thoughts. A short silence isn’t awkward; it shows you’re thinking critically, not reacting impulsively.

The goal isn’t to impress with a clever reply — it’s to reveal how you approach unfamiliar or open-ended situations. Even a strange question like “How many basketballs can fit in a school bus?” is less about math and more about your process. Instead of panicking, walk the interviewer through how you’d approach finding an answer.

Sometimes, the question is meant to surface your values. If you’re asked a metaphorical or moral dilemma, try to frame your response around how you prioritize, make decisions, or adapt under pressure. That’s what they’re really listening for.

However, if a question feels completely irrelevant to the role — or veers into territory that seems performative or inappropriate — you’re allowed to respond with curiosity rather than discomfort. Asking, “Would you mind sharing what you're hoping to learn from that?” is a respectful way to regain clarity without derailing the conversation.

Not every role calls for improvisation or abstract thinking. So if a question seems off-base, it’s okay to notice that — and to consider what it says about the company’s approach to hiring.

Frequently asked questions about illegal interview questions

Got more questions? Get your answers here. 

1. Are interview questions illegal everywhere, or only in some jurisdictions?

Not all interview questions are universally illegal. In the U.S., federal laws like Title VII and the ADA prohibit certain questions, but state and local laws may add more restrictions. Other countries — such as Canada, the UK, and those in the EU — have their own employment laws that define what’s off-limits. Always check regional regulations, as what’s illegal in one country may be legal (though discouraged) in another.

2. Can an interviewer ask your salary history?

In many U.S. states and cities, it’s now illegal to ask about a candidate’s salary history during interviews. These laws aim to close gender and racial pay gaps. Employers should instead ask about salary expectations. Outside the U.S., rules vary — in some regions, it's discouraged but not banned. Always consult local laws or HR guidance before including compensation history questions.

3. What is a Bona Fide Occupational Qualification (BFOQ)? 

A BFOQ is a legal exception that allows employers to consider certain personal characteristics — such as gender, religion, or age — when they are essential to performing the job. For example, hiring only women for roles in female-only facilities may qualify. BFOQs are rare and must meet strict legal criteria. Most interview questions still need to stay focused on job-related qualifications.

4. How can I tactfully refuse to answer an illegal question? 

You can redirect the conversation professionally by asking about job relevance. Try saying, “I’d prefer to focus on how my experience relates to this role,” or “Could you help me understand how that question applies to the position?”
This approach maintains your professionalism while setting clear boundaries.

5. What steps should an employer take to prevent illegal questions? 

Employers should train interviewers on compliant hiring practices, use structured interview templates, and avoid ad-libbed questions. Standardizing the process and focusing on job-related criteria reduces legal risk and helps ensure a fair experience for every candidate. Tools like interview scheduling or candidate management software can also promote consistency and oversight.

Ask the right questions

Interviews reflect the company's 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.