Job interviews can feel like walking a tightrope — for both the candidate and the employer. While companies want to find the best person for the job, there are lines that should never be crossed. Some questions, though they might seem harmless or even friendly, are actually violations of employment law. Knowing what can and cannot be asked is vital for protecting candidates and companies alike. These nine interview questions might sound casual, but they are technically illegal — and everyone involved should know why.
1. Asking About Age
A question as simple as “How old are you?” can seem innocuous but is off-limits in an interview. Age discrimination is prohibited under the Age Discrimination in Employment Act, which protects applicants over forty. Employers cannot inquire about an applicant’s date of birth or graduation year to guess age. Even jokes about “young blood” or “retirement plans” can lead to legal trouble. Focus should always remain on skills, experience, and qualifications.
2. Inquiring About Marital Status
An interviewer might casually ask if someone is married, but it is illegal to do so. Questions about marital status can reveal information about gender roles, future family plans, and living arrangements. Discrimination based on marital status is prohibited under various state and federal laws. Employers should avoid asking if a candidate’s spouse works or if they plan to change their name. Such topics have no bearing on a candidate’s ability to perform job duties.
3. Questions About Children or Pregnancy
Many employers still slip up by asking candidates if they have kids or plan to start a family. This line of questioning is illegal under the Pregnancy Discrimination Act and Title VII of the Civil Rights Act. The concern usually revolves around time off, but that should be addressed only by explaining company leave policies. Employers should never imply that family responsibilities might affect job performance. It is best to keep questions focused on availability and willingness to travel or work certain hours.
4. Citizenship or National Origin Questions
A question like “Where are you from?” might sound like small talk but can be illegal if it relates to national origin. The Immigration Reform and Control Act forbids discrimination based on citizenship status. Employers may verify a candidate’s legal right to work in the country but cannot pry into birthplaces or ethnic backgrounds. Asking about language fluency should only relate directly to job requirements. A respectful and compliant question would simply confirm the candidate can work legally in the country.
5. Religion and Religious Practices
Asking about religious beliefs, church attendance, or holiday observances is not allowed. Title VII of the Civil Rights Act protects individuals from religious discrimination in the workplace. Questions like “Do you need Sundays off?” can put employers in legal jeopardy. If a role requires specific availability, it is better to state the work schedule and ask if the candidate can meet it. Any accommodations can be discussed once an offer is extended.
6. Disability and Health Conditions
Questions about physical or mental health, past illnesses, or disabilities are strictly regulated. The Americans with Disabilities Act bars employers from asking about medical conditions before making a job offer. Employers may ask whether a candidate can perform essential job duties with or without accommodations. Inquiring about past surgeries, medications, or therapy crosses a clear line. Discussions about accommodations should only happen once the candidate has voluntarily disclosed a disability.
7. Questions About Arrest Records
An interviewer might be tempted to ask if a candidate has ever been arrested, but this is generally illegal. Arrests do not equal convictions, and questions about them can lead to discrimination against certain protected groups. Some states ban asking about criminal history entirely until later in the hiring process. The focus should be on convictions that directly relate to the job’s responsibilities. Employers must check local “ban the box” laws before discussing any criminal background.
8. Financial Status and Credit History
Employers sometimes ask about a candidate’s personal finances, but this can be a legal minefield. Questions about debt, credit scores, or bankruptcy are generally off-limits unless directly relevant to the job. A few states allow credit checks for roles that involve significant financial responsibility, but strict consent requirements apply. Even then, the conversation must be handled with care and fairness. It is safer to avoid financial questions altogether unless absolutely necessary.
9. Political Affiliation or Beliefs
Some interviewers venture into politics, but questions about political views or party membership are usually inappropriate and sometimes illegal. While federal law does not specifically ban political discrimination, many state laws and company policies do. An employer cannot legally base hiring decisions on whether someone votes a certain way. Any conversation that pressures a candidate to reveal political leanings crosses the line. Interviews should stay focused on skills, experience, and cultural fit within the organization — not the ballot box.
Stay Informed and Speak Up
Interviews should be a fair and professional exchange — not a probing session into a candidate’s private life. By understanding which questions cross legal lines, employers can protect themselves and ensure every applicant has an equal opportunity. Candidates who encounter illegal questions should feel empowered to steer the conversation back to relevant qualifications. The more awareness there is, the fewer awkward and potentially costly mistakes occur.
Share any thoughts, experiences, or questions about tricky interview moments in the comments below.
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