32% of hiring managers admit to asking interview questions that are actually illegal - and in some cases, those answers impact hiring decisions.
If you’re prepping for a job interview, that’s a number worth remembering.
Because while most interviews stay focused on your experience and skills, some cross a line, asking about things like your age, marital status, or background.
It might sound like small talk. But it could be a violation of federal anti-discrimination laws.
Here are 10 interview questions that cross legal lines and how to handle them if they come up.
1. What Is Your Race or Ethnicity?
Questions like these touch on race or ethnic background, which is off-limits in interviews:
- "What is your race?"
- "Are you of mixed heritage?"
- "What's your ethnic background?"
These questions can be used to discriminate based on race or color, which is prohibited by Title VII of the Civil Rights Act of 1964.
The EEOC explicitly states that employers cannot make hiring decisions based on race or ethnic background, even if they’re collecting “diversity data.”
According to SHRM, even voluntary demographic questions should be asked separately and never used during selection.
2. Where Were You Born?
Questions that reveal your national origin or citizenship status are illegal under federal anti-discrimination laws. This includes:
- "Where were you born?"
- "Is English your first language?"
- "What's your native language?"
- "Are you a U.S. citizen?"
These types of questions can be used, knowingly or not, to screen candidates based on national origin, which is a protected characteristic under Title VII of the Civil Rights Act.
Employers may however ask whether you're legally authorized to work in the U.S. or, if relevant to the role, which languages you speak fluently.
Also Read: What are the pros and cons of adding address on your resume?
3. What Religion Do You Practice?
Questions that reveal your religious beliefs or practices are illegal during the hiring process. This includes:
- "What religion do you practice?"
- "Do you go to church?"
- "What religious holidays do you observe?"
Employers may, however, ask whether you’re available to work specific shifts, such as weekends or holidays, if those are essential to the role.
According to the EEOC, even neutral policies - like dress codes or mandatory shifts, must accommodate religious needs unless doing so causes undue hardship.
4. How Old Are You?
Questions that indicate your age are illegal under federal law. This includes:
- "How old are you?"
- "When did you graduate from high school or college?"
- "What’s your birth date?"
These questions can be used to discriminate based on age, which is prohibited by the Age Discrimination in Employment Act (ADEA) for individuals aged 40 and older.
Yet despite these protections, surveys found that 32% of hiring managers routinely ask about age, and 18% admit that a candidate’s response often influences their hiring decision.
Instead of asking directly, employers are only allowed to confirm whether you meet the minimum legal working age, typically 18.
5. Do You Have Any Disabilities or Health Issues?
Questions about your physical or mental health are illegal under the Americans with Disabilities Act (ADA). This includes:
- "Do you have any disabilities?"
- "Have you ever had a workplace injury?"
- "How’s your health?"
- "Are you taking any prescription drugs?"
Instead of probing your health history, employers are only permitted to ask whether you can perform the essential functions of the job, with or without reasonable accommodation.
According to the EEOC, health-related questions are off-limits until after a job offer is made - and even then, medical exams are allowed only if required for all candidates in similar roles.
Also Read: What is a hostile work environment?
6. Are You Married? Do You Have Children or Plan to?
Questions about your marital status, pregnancy, or family planning are illegal during the interview process. This includes:
- "Are you married?"
- "Do you have children?"
- "Are you planning to have kids?"
- "What are your childcare arrangements?"
- "Are you pregnant?"
These types of questions can result in discrimination based on sex, familial status, or pregnancy - yet 25% of women reported being asked about children during interviews, despite being clearly off-limits under federal law.
Employers may instead ask whether you’re able to meet specific job demands, such as frequent travel or irregular hours.
7. What Is Your Gender or Sexual Orientation?
Questions that disclose your gender identity or sexual orientation are illegal under federal civil rights protections. This includes:
- "What is your gender?"
- "Do you identify as LGBTQ+?"
Such questions are prohibited under Title VII, which now protects against discrimination based on sex, gender identity, and sexual orientation.
Employers are expected to assess your qualifications, never your personal identity.
8. Have You Ever Been Arrested?
Questions about arrest history, particularly early in the hiring process, are often illegal.
Arrests do not indicate guilt and can disproportionately affect certain groups.
While employers may be allowed to ask about criminal convictions later, “Ban the Box” laws in many states prohibit asking about arrests at the application or interview stage.
The National Employment Law Project notes that delaying these questions gives applicants a fairer chance to be judged on their skills and experience.
9. What Was Your Previous Salary?
Even though asking about a candidate's past compensation is banned in over 30 states, 62% of hiring managers still ask this illegal interview question.
These questions can reinforce existing wage gaps and result in biased offers, especially for women and underrepresented groups.
Instead, employers can and should ask about your salary expectations for the current role.
10. Does Any Illness Run in Your Family? Have You Had Genetic Testing?
Questions that probe your family medical history or genetic background are illegal under the Genetic Information Nondiscrimination Act (GINA). This includes:
- "Does any illness run in your family?"
- "Have you had genetic testing?"
GINA strictly prohibits using genetic information in hiring, firing, or promotion decisions.
Even casual questions about family health history can be considered a violation under this law.
What If You're Asked an Illegal Question?
It's an uncomfortable situation, but you have options:
- Answer Briefly and Redirect: You could choose to answer the question if you don't find it offensive and it's not something you want to make an issue of. Then, quickly pivot back to a job-related topic. For example, if asked about children, you could say, "Yes, I do. I'm very interested in how this role allows for [mention a job aspect like project management or skill]."
- Address the Underlying Concern (If Apparent): Sometimes an illegal question is a clumsy attempt to find out if you can meet job requirements. For example, if asked about childcare when the job involves travel, you could respond: "If you're asking about my ability to travel or work the required hours, I can confirm that I am fully able to meet the commitments of this role." This shows good problem-solving skills.
- Question the Relevance: Politely ask how the question relates to your ability to perform the job. For example: "Could you clarify how that question pertains to the responsibilities of this position?" This can make the interviewer realize their misstep.
- Decline to Answer: You can state that you're not comfortable answering questions that don't seem relevant to the job qualifications.
- End the Interview: If the questions are persistent, overtly discriminatory, or make you extremely uncomfortable, you can choose to end the interview.
Remember, strong interpersonal skills can help you navigate these tricky moments. If you believe you've been discriminated against, you can contact the EEOC.
Final Thoughts
Knowing which questions are off-limits empowers you during your job search.
Interviews should focus on what matters: your qualifications, your strengths, and your fit for the role.
But when questions veer into protected personal territory, it’s important to recognize your rights and respond appropriately.
If you’re looking for help navigating the job search, from building ATS-optimized resumes to preparing for tricky interview questions, Hiration can help.
The more prepared you are, the more control you have, and that confidence can make all the difference.
