Illegal Interview Questions: What HR Can’t Ask You

Walking into a job interview is often a mix of excitement and anxiety. You have prepped your resume, rehearsed your answers, and researched the company. You are ready to showcase why you are the best fit for the role. However, while you are focusing on making a good impression, it is equally important to monitor the questions coming from the other side of the table.

The interview process is designed to assess your skills, experience, and cultural fit. It is not an opportunity for employers to pry into your personal life or make decisions based on biases. Federal and state laws protect candidates from discrimination, meaning there are strict limits on what Human Resources (HR) and hiring managers can ask.

At Barrett & Farahany, we believe every candidate deserves a fair shot based on their merit. Understanding which interview questions are off-limits empowers you to spot red flags and protect your rights during the hiring journey.

Understanding Protected Characteristics

The foundation of legal interviewing lies in “protected characteristics.” Under guidelines enforced by the Equal Employment Opportunity Commission (EEOC), employers cannot discriminate against candidates based on specific traits. Consequently, questions that force you to reveal these traits are generally prohibited because they can be used to bias the hiring decision.

HR is not allowed to ask about:

• Race or color
• Religion
• Sex (including pregnancy, gender identity, and sexual orientation)
• National origin
• Age (specifically for individuals 40 or older)
• Disability or genetic information
• Family or marital status

The golden rule of any job interview is job-relatedness. If a question does not directly relate to your ability to perform the duties of the role, it likely shouldn’t be asked.

Personal Questions That Cross the Line

During casual conversation, some inquiries might seem harmless. However, in a professional setting, questions about your personal life can lead to discriminatory hiring practices. Here are specific areas where interviewers often cross the line, sometimes unintentionally.

Family, Marital Status, and Pregnancy

Employers might be trying to gauge your availability or long-term commitment, but asking about your family is illegal. Questions like “Are you married?”, “Do you have children?” or “Do you plan to have kids?” are strictly prohibited. These questions often disproportionately affect women and can lead to bias regarding maternity leave or childcare responsibilities.

Race and National Origin

While an employer must verify that you are legally authorized to work in the country, they cannot dig into your ethnic background. Questions such as “Where are you from originally?” or “What is your nationality?” are not permitted. These inquiries can open the door to discrimination based on national origin or race.

Religion

An interviewer might try to make small talk by asking, “What church do you attend?” or “Do you observe any specific religious holidays?” This is illegal. Your religious beliefs — or lack thereof — have no bearing on your professional capabilities.

Age

Age discrimination is a significant issue in the workforce. Direct questions like “How old are you?” are obviously inappropriate, but savvy interviewers might try to calculate your age indirectly. Questions like “When did you graduate high school?” are effectively asking for your age and can be used to screen out older candidates.

Disability and Health History

Your medical history is private. An employer cannot ask, “Do you have any disabilities?” or “Have you ever had a serious illness?” even if they are trying to determine if you can handle the workload. They also cannot ask about your workers’ compensation history or past sick leave usage.

The Nuance: Physical Ability and Criminal History

There are certain areas where the lines can feel blurred, specifically regarding physical abilities and criminal records.

• Physical Ability: While employers cannot ask about your general health, they can ask about your ability to perform specific physical tasks if those tasks are essential to the job. For example, if a job requires moving heavy inventory, they cannot ask, “Do you have a bad back?” However, they can describe the job duty and ask, “Can you perform this function with or without reasonable accommodation?”
• Criminal History: Rules regarding criminal history vary by state and local jurisdiction (often referred to as “Ban the Box” laws). Generally, employers should avoid blanket questions about arrests that did not lead to convictions. However, they may be permitted to ask about criminal convictions if the crime is relevant to the job duties or certifications, such as teaching and child care.

Acceptable Alternatives: How HR Should Ask

Just because an employer cannot ask about your personal life doesn’t mean they can’t assess your availability or fitness for the job. There are legal, compliant ways to get the information they need without violating your rights.

Here is a breakdown of illegal questions versus their acceptable, job-related alternatives:

Instead of “Can you lift 50 lbs?” or “Do you have a disability?”

The Legal Alternative: “This job requires lifting 50 lbs regularly. Can you perform this function?”

This focuses strictly on the task, not your medical status.

Instead of “Are you married?” or “Do you have kids?”

The Legal Alternative: “This job requires travel or overtime. Are you able to meet those demands?”

This addresses the employer’s need for availability without prying into your childcare arrangements or marital status.

Instead of “What religion are you?”

The Legal Alternative: “Are you available to work on weekends and holidays if required?”

This determines your schedule compatibility without discriminating against your religious observances.

Instead of “Where are you from?”

The Legal Alternative: “Are you legally authorized to work in the United States?”

This confirms your eligibility for employment without targeting your national origin.

Know Your Rights in the Interview Process

The interview process is your opportunity to shine, but it is also a time to be vigilant. The core principle of fair hiring is that every question asked must be directly related to your ability to perform the job’s duties. When an interviewer strays into personal territory regarding your age, race, family plans, or health, they are not just being polite — they may be breaking the law.

If you encounter these questions, you have options. You can politely decline to answer, steer the conversation back to your skills, or ask how the question relates to the role. Recognizing these red flags is the first step in ensuring you are treated fairly in your pursuit of a new career. Contact us today if you believe you have been asked any illegal questions in your job interview.