Job interviews are meant to assess a candidate’s skills, experience, and suitability for a role. However, some employers still ask questions that are not only inappropriate but also illegal. These questions can lead to discrimination based on age, gender, marital status, and other protected characteristics.
Here are the illegal job interview questions that candidates may still encounter.
How Old Are You?
To ask a candidate about their age is illegal under the Age Discrimination in Employment Act (ADEA). Employers cannot use age as a factor in hiring decisions because it leads to potential discrimination against older workers.
However, some interviewers still find indirect ways to ask, such as inquiring about a candidate’s graduation year or how long they have been working. If asked, you don’t have to answer.
Are You Married?
Employers cannot ask about a candidate’s marital status because it can lead to discrimination, particularly against women who may be expected to take time off for family responsibilities. Some companies may assume that married individuals have obligations that could affect their work schedule or career dedication. This question is completely irrelevant to job performance.
Do You Have Children or Plan to Have Any?
This question is illegal because it can be used to discriminate against parents or those planning to start a family. Employers may worry about maternity or paternity leave, childcare needs, or work flexibility, leading to unfair hiring decisions.
If asked, redirect the discussion to your work skills: “I can assure you that I am fully committed to my job and responsibilities. My personal life does not affect my ability to perform well in this role.”
What Religion Do You Practice?
Under Title VII of the Civil Rights Act, employers cannot ask about religion or religious practices. Some may attempt to disguise it by asking about weekend availability, but the intent is often to gauge religious observances. Religion has no bearing on job performance, and employers must accommodate reasonable religious practices.
Do You Have Any Disabilities or Medical Conditions?
The Americans with Disabilities Act (ADA) prohibits employers from inquiring about disabilities before making a job offer. A company can only ask about an applicant’s ability to perform job-related tasks with or without reasonable accommodations.
If questioned, respond with: “I can perform all the essential functions of this role with or without reasonable accommodations. If needed, I am happy to discuss how I can best contribute to the team.”
What is Your Nationality or Ethnic Background?
To ask about someone’s nationality or ethnicity is illegal under the Equal Employment Opportunity Commission (EEOC) guidelines. However, some interviewers still ask, “Where are you from originally?” The intent behind this question can lead to biases based on cultural or linguistic backgrounds. You are not obligated to answer.
What is Your Native Language?
Fluency in a language may be relevant to the job, but employers cannot ask about your native language, as it can be seen as discrimination based on national origin. Instead, they should ask if you are proficient in the languages required for the role.
Have You Ever Been Arrested?
In many states, it is illegal to ask about arrest records, though employers can inquire about convictions if they relate to the job. Arrests alone do not indicate guilt or wrongdoing, and using this information in hiring decisions can lead to discrimination.
If asked, you can respond with: “I believe my qualifications and experience are what matter for this position. I am happy to discuss my skills and relevant background.”
What is Your Sexual Orientation?
Employers cannot ask about sexual orientation or gender identity, as it has no relevance to job performance. This question can lead to discrimination and is protected under various state and federal laws. If faced with this question, you can politely decline to answer: “I believe that my professional experience is the most relevant factor for this role, and I am excited about the opportunity to contribute.”
Are You a U.S. Citizen?
Potential employers can ask if you are legally authorized to work in the U.S., but they cannot ask about citizenship status. This question can lead to discrimination based on national origin.
The best response is: “I am legally permitted to work in the U.S. and am happy to provide any necessary documentation if required.”
Do You Drink Alcohol or Use Drugs?
Hirers can conduct drug tests after making an offer, but they cannot ask about past or current substance use during an interview. Instead, they can ask about your ability to meet job requirements.
If asked, you can respond with: “I am fully capable of performing all job responsibilities and committed to maintaining a professional work environment.”
Have You Ever Filed for Bankruptcy?
The Bankruptcy Act makes it illegal to discriminate against candidates based on past financial struggles. Some employers may worry about financial responsibility for certain positions, but they cannot legally ask this question.
What Political Party Do You Support?
Political affiliations are personal and irrelevant to job performance. Employers cannot ask about your political beliefs, even in casual conversation. If asked, a neutral response is: “I prefer to keep my political views private and focus on my professional qualifications and skills that make me a strong candidate for this role.”
Do You Have Any Military Discharge Details?
At an interview, employers can ask about military experience but cannot inquire about the type of discharge received, as it may lead to discrimination. Instead, they can ask about the skills you gained in service.
If asked inappropriately, you can respond with: “My military experience provided me with valuable skills that I apply in my career.”
What is Your Credit Score?
Some states prohibit employers from using credit history in hiring decisions, as it can disproportionately affect certain groups. Unless the job involves financial management, your credit history is not relevant to your qualifications. Employers who ask this question may be violating fair hiring laws.
Do You Have Any Pre-Existing Medical Conditions?
In a job interview, potential employers are not allowed to ask about your medical history, as it could lead to discrimination under the ADA. If an interviewer asks this, you can redirect the conversation: “I am fully capable of performing all job responsibilities and am happy to discuss any reasonable accommodations if necessary.”
What Gender Do You Identify As?
You can be confident that asking about gender identity is illegal and inappropriate from a potential employer in a job interview. Instead, employers should focus on qualifications, not personal identity.
If this question does come up, a direct response could be: “I prefer to focus on my skills, experience, and how I can contribute effectively to your team.”
Do You Belong to Any Clubs or Social Organizations?
This is another no-go area for employers in a job interview. They can legitimately ask about professional memberships, but any questions about clubs or organizations can be a crafty way to gauge an interviewee’s religion, political affiliation, or social class. A neutral response would be: “I am involved in industry-related groups that enhance my professional development.”