Interview guide · Interview types
Illegal interview questions
In short
Illegal interview questions are questions that ask about, or invite answers about, a legally protected characteristic such as age, religion, national origin, disability, pregnancy or genetic information. Most are not crimes to ask, but they create evidence of discrimination. This page lists them by topic, explains the US law behind each, and gives 29 lawful questions to ask instead.
Most interviewers who ask an illegal question are not trying to discriminate. They are making small talk, filling a silence or trying to work out whether the candidate can make the schedule. The problem is the same either way. Once you know a candidate is 58, pregnant, Muslim or caring for a parent with dementia, it is very hard to show that the fact played no part when you rejected them. Federal law and most state laws treat that question as evidence, and in a few areas (disability and medical questions before an offer, for example) the question itself breaks the law.
The fix is simple and almost always the same: ask about the job requirement, not the person's circumstances. Instead of asking whether someone has young children, tell them the schedule and ask if they can work it. Each group below takes one protected area, gives you lawful questions that get the information you actually need, and lists the risky versions interviewers slip into. Use these with a structured interview so every candidate hears the same approved wording. This page is general information about US federal law; state and city rules are often stricter and vary, so confirm your own requirements with counsel.
What these questions assess
- Every question ties to a real job requirementIf you cannot point to the line in the job description or a legal requirement that a question supports, cut it.
- Same questions for every candidateAsking only women about childcare or only older candidates about technology is disparate treatment even when the question sounds neutral.
- Small talk stays off personal lifeMost illegal questions come up in the first five minutes and the walk to the elevator. Talk about the commute, the weather or the role.
- Volunteered information is not usedCandidates sometimes share protected information. Do not follow up, do not write it in your notes and do not let it into the decision.
- Notes record only job-related evidenceInterview notes are discoverable in a lawsuit or agency charge. Comments like seems young and energetic or great family man become exhibits.
Age: what to ask instead
Are you at least 18 years old? (Ask only where a legal minimum age applies to the job.)
- Why ask it
- The Age Discrimination in Employment Act of 1967 protects workers 40 and older, and many states protect all ages. A minimum-age question tied to a law, such as serving alcohol or operating certain equipment, is lawful.
- A strong answer
- A yes or no. If the role has no legal minimum age, do not ask at all.
- Red flags
- How old are you, what year did you graduate high school, when do you plan to retire, or comments about being a digital native.
This role uses [specific software or system] every day. What is your experience with it?
- Why ask it
- Lets you test real skills without assuming that older candidates lack them.
- A strong answer
- Describes specific tools and how they used them, or how they have learned similar ones.
- Red flags
- Asking only older candidates whether they are comfortable with technology.
Tell me about your experience in roles at this level.
- Why ask it
- Gets at fit for the level without labeling anyone overqualified because of age.
- A strong answer
- Explains why this role suits them now, with specifics about the work.
- Red flags
- You might get bored here, you would be working for someone much younger, or how many more years do you want to work.
Citizenship, national origin and language
Are you legally authorized to work in the United States?
- Why ask it
- The Immigration Reform and Control Act of 1986 requires employers to verify work eligibility after hire, through Form I-9, and also bars citizenship and national origin discrimination. This yes or no question is the safe wording.
- A strong answer
- A clear yes or no.
- Red flags
- Are you a US citizen, where were you born, where are your parents from, or asking for a green card before an offer.
Will you now or in the future require sponsorship for an employment visa?
- Why ask it
- Lawful when asked of every candidate, because sponsorship is a real cost and timing question.
- A strong answer
- A clear yes or no.
- Red flags
- Asking only candidates with foreign-sounding names or accents.
This role requires speaking with customers in Spanish. What is your level of fluency?
- Why ask it
- Language questions are lawful when the language is a real job requirement. Title VII of the Civil Rights Act of 1964 protects national origin, so do not ask about language for roles that do not need it.
- A strong answer
- Describes their fluency and where they use the language, and accepts a short spoken test if you give one to everyone.
- Red flags
- What is your native language, how did you learn English, or is that accent from Mexico.
Family, pregnancy, marital status and caregiving
This role works [days, hours and any rotating or weekend shifts]. Can you meet that schedule?
- Why ask it
- Gets the information you really want, availability, without asking about children or partners. Title VII and the Pregnancy Discrimination Act of 1978 cover sex and pregnancy, and many states protect marital status and caregiver status.
- A strong answer
- Yes, or an honest statement of the specific limits.
- Red flags
- Do you have kids, who watches your children, are you married, what does your husband do, or are you planning a family.
The role requires travel of about [X] nights a month. Is that something you can do?
- Why ask it
- A neutral way to check travel availability for every candidate.
- A strong answer
- A clear answer about whether that level of travel works.
- Red flags
- Asking only women or only parents whether travel would be a problem for their family.
Our next training class starts on [date] and runs for [length]. Would you be able to attend the full class?
- Why ask it
- Lawful availability question for a set start date.
- A strong answer
- Confirms attendance or names a specific conflict.
- Red flags
- Are you pregnant, when are you due, or will you need maternity leave soon. The Pregnant Workers Fairness Act of 2023 adds accommodation duties for pregnancy-related limitations, so do not screen around them.
Is there another name your previous employers or references would know you by?
- Why ask it
- Lets you verify employment and education records without asking about marital status.
- A strong answer
- Provides any prior name needed to check records.
- Red flags
- What is your maiden name, or is that your married name.
Disability, health and genetic information
Can you perform the essential functions of this job, as described, with or without reasonable accommodation?
- Why ask it
- The Americans with Disabilities Act of 1990 bars disability-related questions and medical exams before a conditional offer. This question, after you describe the essential functions, is lawful.
- A strong answer
- Yes, or yes with a description of an accommodation they would need.
- Red flags
- Do you have any disabilities, have you ever filed a workers comp claim, what medications do you take, or how many sick days did you take last year.
The job requires lifting up to 50 pounds several times an hour. Can you do that, with or without accommodation?
- Why ask it
- Describing the physical demand and asking about ability to perform it is lawful when the demand is real and asked of everyone.
- A strong answer
- A clear answer, or a request to discuss an accommodation.
- Red flags
- Asking only candidates who appear to have a disability, or asking about a visible condition directly.
Would you like to show me how you would do this task? (Ask only if every candidate does the same demonstration.)
- Why ask it
- Under ADA guidance, you can ask an applicant to show how they would perform a job function, but only if you ask all applicants or the person has an obvious disability that could affect that function.
- A strong answer
- Demonstrates the task, with an accommodation if they need one.
- Red flags
- Singling out one candidate for a physical demonstration nobody else had to do.
Our attendance policy is [policy]. Can you meet it?
- Why ask it
- States the requirement and asks about ability to meet it, without asking about health history.
- A strong answer
- Confirms they can meet it.
- Red flags
- Questions about family medical history, which the Genetic Information Nondiscrimination Act of 2008 prohibits employers from requesting, such as does cancer run in your family.
Religion, race and color
This role requires working some Saturdays and Sundays on a rotating basis. Can you work that schedule?
- Why ask it
- Title VII protects religion and requires reasonable accommodation of religious practice unless it causes undue hardship, a standard the Supreme Court tightened in Groff v. DeJoy in 2023.
- A strong answer
- Confirms, or raises a need for accommodation that you then handle through your normal process.
- Red flags
- What church do you go to, what religious holidays do you observe, or is that headscarf religious.
Tell me about your experience working with customers or coworkers from many different backgrounds.
- Why ask it
- A job-related way to explore teamwork and service without asking about the candidate's own background.
- A strong answer
- Specific examples of adapting communication and treating people fairly.
- Red flags
- Questions or comments about race, skin color, hair texture or ethnic background, which Title VII and many state CROWN Acts cover.
Sex, sexual orientation and gender identity
How would you like to be addressed during the interview process?
- Why ask it
- A respectful, optional question you can ask every candidate. Since Bostock v. Clayton County (2020), Title VII covers sexual orientation and gender identity.
- A strong answer
- Gives the name and, if they choose, pronouns they use.
- Red flags
- Is that your real name, are you gay, or questions about a candidate's gender transition.
This role works in a team of mostly [describe work environment, not people]. Tell me about a time you worked in a similar environment.
- Why ask it
- Explores fit for the work setting without assumptions based on sex.
- A strong answer
- Describes a comparable setting and how they worked within it.
- Red flags
- Will you be OK working with all men, or this job is physically hard for a woman.
Arrests, convictions, credit and background
We run a background check after a conditional offer. Is there anything you would like us to know about it in advance? (Use only where your state and city allow the question at this stage.)
- Why ask it
- Ban-the-box and fair-chance laws in many states and cities delay criminal history questions until after a conditional offer. The EEOC's 2012 guidance says arrests alone are not proof of conduct and convictions need an individualized assessment.
- A strong answer
- A candidate who shares context. Do not make a decision at this stage.
- Red flags
- Have you ever been arrested, or a blanket question about convictions on the application in a ban-the-box jurisdiction.
This role handles cash and requires passing a background check that includes [specific check]. Is that something you are comfortable with?
- Why ask it
- Lets the candidate know what will be checked. Under the Fair Credit Reporting Act, a consumer report needs a standalone written disclosure and written authorization, plus pre-adverse and adverse action notices if you rely on it.
- A strong answer
- Understands and agrees, or asks a clarifying question.
- Red flags
- Asking about bankruptcies, debts or credit scores in the interview. Several states and cities restrict credit checks for most roles.
Do you hold a valid driver's license? (Ask only when driving is part of the job.)
- Why ask it
- Lawful when driving is an essential function. For other roles it can screen out candidates by disability or national origin without reason.
- A strong answer
- Yes, with the class of license if relevant.
- Red flags
- Do you own a car, asked of candidates for jobs that do not involve driving.
Pay, military service, union activity and other areas
The range for this role is [range]. Does that match what you are looking for?
- Why ask it
- A growing number of states and cities, including California, New York and Massachusetts, ban asking about pay history. Asking about expectations after stating the range is generally lawful.
- A strong answer
- Confirms or gives an expected figure.
- Red flags
- What do you make now, or what were you paid at your last job, in a jurisdiction that bans it.
What skills or training from your military service relate to this role?
- Why ask it
- USERRA (1994) protects service members and veterans from discrimination. Asking about relevant skills is fine.
- A strong answer
- Connects specific training or responsibilities to the job.
- Red flags
- What type of discharge did you receive, or will you be deployed again soon.
Tell me about a time you raised a concern about a workplace issue. What happened?
- Why ask it
- A lawful behavioral question about communication and judgment.
- A strong answer
- Describes raising it through proper channels and a constructive outcome.
- Red flags
- How do you feel about unions, or have you ever been part of a union. The National Labor Relations Act protects these activities.
Are you a member of any professional associations relevant to this role?
- Why ask it
- Keeps the question to job-related groups.
- A strong answer
- Names relevant professional groups or none.
- Red flags
- What clubs or organizations do you belong to, which can reveal religion, ethnicity or politics.
Is there a reason you would be unable to wear the required uniform or safety gear?
- Why ask it
- States a requirement and opens the door to a religious or disability accommodation request through the proper process.
- A strong answer
- Confirms, or raises an accommodation need.
- Red flags
- Questions about height or weight not tied to a real requirement. Michigan, New York City and some other places protect height and weight.
Is there anything that would prevent you from starting on [date]?
- Why ask it
- A clean availability question that does not dig into personal reasons.
- A strong answer
- Confirms or names a specific conflict.
- Red flags
- Following up on a personal reason such as a medical appointment or family situation with more questions.
How did you hear about this opening?
- Why ask it
- Harmless source-tracking question that does not touch protected traits.
- A strong answer
- Names the source.
- Red flags
- None. Asking who referred them is fine; asking how they know the person (church, family) is not.
What do you like to do outside work that relates to the skills in this role?
- Why ask it
- Optional and job-focused. Many interviewers ask broad hobby questions that wander into religion, family or health.
- A strong answer
- Mentions a related skill or interest, or declines.
- Red flags
- Do you have a busy family life, or what do you do on Sundays.
Sample answers
The posting said Tuesday to Saturday, 10 a.m. to 7 p.m., with one Sunday a month. Tuesday to Saturday works for me. I can do the Sunday as long as I get it on the schedule at least two weeks ahead, which I saw is your policy. The only thing I wanted to ask about is whether there is any mandatory overtime during the holiday period, because I would like to plan for that now rather than find out in November.
Yes. I read the list you sent, and everything on it is work I do now as a warehouse associate: scanning, picking to a handheld, lifting cartons up to 50 pounds and standing for most of the shift. The one thing I would ask about later is whether I can use a stool at the packing station for part of the shift, which my current employer set up for me. It has not affected my rate, which has been above target for the last year.
Interview scorecard
| Competency | Weight | Strong (4–5) | Weak (1–2) |
|---|---|---|---|
| Job-related questions only | 30% | Every question maps to a requirement in the job description or a legal requirement. | Questions or small talk drift into family, age, origin, health or religion. |
| Consistency across candidates | 25% | Same core questions, in the same order, with the same follow-ups for everyone. | Questions vary by candidate in ways that track a protected trait. |
| Handling volunteered information | 15% | Does not follow up on or record protected information a candidate shares. | Asks follow-up questions or writes it into notes. |
| Accommodation awareness | 15% | Describes essential functions and responds properly to accommodation requests. | Asks about conditions, medications or past leave. |
| Documentation quality | 15% | Notes contain only evidence tied to the competencies being scored. | Notes include personal remarks, guesses about age or family, or appearance comments. |
Score each competency from 1 to 5 straight after the interview, before discussing the candidate with anyone else, then multiply by the weight.
Interview questions you cannot ask: the short list
These are the questions that most often turn up in EEOC charges and lawsuits. Keep this list next to anyone who interviews, including hiring managers who interview only a few times a year.
- How old are you, or what year did you graduate?
- Are you married, do you have children, or are you planning to?
- Are you pregnant?
- Where were you born, or where is your family from?
- Are you a US citizen? (Ask about authorization to work instead.)
- What is your native language? (Unless a language is required, do not ask.)
- What religion do you practice, or which holidays do you observe?
- Do you have any disabilities, or what medications do you take?
- Have you ever filed a workers comp claim, or how many sick days did you take last year?
- Does any illness run in your family?
- Have you ever been arrested?
- What is your current salary? (Banned in many states and cities.)
- What type of military discharge did you receive?
- How do you feel about unions?
- Is that your real name, or what is your maiden name?
The common thread is that each question asks who the candidate is rather than whether they can do the job. Every one has a lawful alternative in the groups above.
Why the law treats these questions as risky
Under Title VII, the ADEA and most state laws, it is not a crime simply to ask an inappropriate question. The risk is evidentiary. If a rejected candidate files a charge with the EEOC or a state agency, the question shows that the employer asked for protected information, and the burden shifts to the employer to show a legitimate, non-discriminatory reason for the decision. Interview notes, scorecards and the questions asked are all evidence.
Two areas are stricter. The ADA prohibits disability-related questions and medical examinations before a conditional job offer, so asking whether a candidate has a disability is itself a violation, regardless of what you do with the answer. GINA prohibits requesting genetic information, which includes family medical history. Many state and city laws add protected characteristics (marital status, caregiver status, height and weight, sexual orientation in some older statutes, criminal history, credit history) and regulate when you can ask about criminal records or pay. Rules vary a lot by location, so multi-state employers should build to the strictest standard that applies or keep location-specific question sets.
What to do when a candidate volunteers protected information
It happens constantly. A candidate mentions their kids while explaining a gap, references a church volunteer role, or tells you about a medical condition. You did nothing wrong by hearing it. The mistakes are following up on it and recording it.
Acknowledge briefly and move back to the job: thanks for sharing that, let's talk about the schedule for this role. Do not ask how old the children are or how the condition affects them. Leave it out of your notes and your scorecard. If a candidate raises a need for accommodation, for disability, pregnancy or religion, note only that an accommodation request was made and route it to HR or whoever owns your accommodation process. That person decides; the interviewer does not.
Train interviewers on this with real scenarios rather than a list. A 30-minute session where hiring managers practice redirecting three or four common disclosures does more than a policy document no one reads.
How to keep a high-volume interview program compliant
Risk scales with the number of interviewers, not the number of hires. A retailer opening a store with 15 store-level managers each running 20 interviews has 300 chances for someone to ask about childcare. The most reliable controls are boring ones. Approved question lists for each role, built from the interview questions to ask candidates and the role's job analysis. A short interviewer certification before anyone can run interviews. Scorecards with no free-text field labeled general impressions. Quarterly reviews of selection rates by group under the four-fifths rule in the Uniform Guidelines on Employee Selection Procedures.
The first stage is where most volume, and most informal conversation, happens. Script your phone screen questions and put the knockouts in writing. When you use automated or AI-assisted interviews, apply the same rules to the question set and audit the outcomes. New York City's Local Law 144 requires a bias audit and candidate notices for automated employment decision tools used for NYC jobs, and other jurisdictions are adding similar rules. Candidate data from interviews also needs protecting and should be kept only as long as your retention policy requires; our article on data privacy in recruitment tech covers the basics.
Frequently asked questions
What questions are illegal to ask in a job interview?
Questions about protected characteristics: age, race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, disability, genetic information including family medical history, and in many states marital status, arrests and pay history. Ask about the job requirement instead, such as the schedule, legal minimum age or work authorization.
Is it illegal to ask a candidate if they have children?
Under federal law it is not a crime to ask, but it is strong evidence of sex or caregiver discrimination if the candidate is rejected, and several states and cities explicitly protect caregiver or familial status. Ask whether they can work the schedule instead, and ask every candidate the same way.
Can an employer ask about criminal history in an interview?
It depends on the location. Many states and cities have ban-the-box or fair-chance laws that delay criminal history questions until after a conditional offer. Where questions are allowed, ask about convictions rather than arrests, and assess each case individually as EEOC guidance recommends.
Can you ask a candidate how old they are?
Only whether they meet a legal minimum age for the job, such as 18 or 21. Asking for age, birth date or graduation year invites age discrimination claims under the ADEA, which protects workers 40 and older, and many state laws protect all ages.
What should a candidate do if asked an illegal interview question?
Candidates can redirect to the job, for example by confirming they can meet the schedule, decline to answer, or answer if they choose. If they believe they were rejected because of a protected trait, they can contact the EEOC or their state agency, usually within 180 or 300 days depending on the state.
Can you ask about salary expectations?
Generally yes. What many states and cities ban is asking about current or past pay. The safest approach is to state the range for the role first and ask whether it works for the candidate.