10 Questions That Are Illegal to Ask in a Job Interview

Job interviews are crucial steps in the hiring process, and ensuring they are conducted fairly and respectfully is essential. Numerous laws and regulations govern what questions employers can ask during job interviews to prevent discrimination and bias. This article highlights 10 questions that are illegal to ask in a job interview, focusing on why they are prohibited and how to handle them. To provide accurate information, we will reference various sources throughout the article.¹

1. How old are you?²

One of the fundamental principles of employment law is that age discrimination is prohibited. Asking a candidate about their age implies potential bias, as employers should focus on their skills, experience, and qualifications instead of their age. However, asking whether a candidate is of legal working age if that’s relevant to the job is acceptable.

2. Are you married? Or, Do you have children?³

Questions about marital status and family life are off-limits in a job interview. These questions can be seen as discriminatory and may lead to gender or family status bias in hiring decisions. Instead, employers should evaluate a candidate’s qualifications and ability to perform the job.

3. Do you believe in God?

Inquiring about a candidate’s religious affiliation clearly violates anti-discrimination laws. Religion should have no bearing on a person’s suitability for a job. Employers should respect an individual’s right to their religious beliefs and not allow these beliefs to influence the hiring process.

4. What is your sexual orientation?

Sexual orientation is a personal and private matter and should not affect a person’s ability to perform a job. Never address this question in an interview. Asking about someone’s sexual orientation is invasive and discriminatory. Employers should evaluate candidates based on their skills, experience, and qualifications.

5. What is your race or ethnicity?

Questions about a candidate’s race or ethnicity are illegal and irrelevant to job performance. Such inquiries can lead to racial or ethnic discrimination in hiring, which is strictly prohibited. Employers should be promoting diversity and inclusion in their hiring practices.

6. Do you have any disabilities or health conditions?

Inquiring about a candidate’s disabilities or health conditions violates the Americans with Disabilities Act (ADA) in the United States and similar legislation in other countries. Employers should only ask about a candidate’s ability to perform essential job functions, with reasonable accommodations if necessary, once a job offer has been extended. You can, however, ask if the candidate can do all the job duties listed in the job description.

7. Have you ever been arrested?

This is a dicey question. While no law prohibits an employer from asking a job candidate if they’ve been arrested, using the answer to reject the candidate from a job they are otherwise qualified for enters a gray area with the Employment Opportunity Commission (EEOC).

8. What country are you from, and is English your first language?

Questions about a candidate’s national origin and language proficiency can be perceived as discriminatory. Employers should focus on whether candidates possess the necessary language skills to perform the job effectively rather than their country of origin or native language.

9. Do you plan to have children in the future?

This question is not only illegal but also highly inappropriate. Inquiring about a candidate’s family planning intentions can lead to gender-based discrimination. Employers should focus on the candidate’s qualifications and ability to contribute to the organization.

10. What is your political affiliation?

Questions about a candidate’s political beliefs or affiliations are not in a job interview. These inquiries can lead to political bias in hiring decisions, which is illegal and detrimental to workplace diversity and inclusivity.

Conclusion

Job interviews are a critical part of the hiring process, and employers need to conduct them in a fair, legal, and respectful manner. Asking illegal questions can result in legal consequences and damage a company’s reputation. Instead of focusing on personal and potentially discriminatory inquiries, employers should prioritize evaluating a candidate’s qualifications, skills, and experience relevant to the job. By adhering to the laws and regulations that govern job interviews, employers can create a more inclusive and equitable hiring process that benefits both the organization and the candidates involved.