23 Unlawful Questions Employers May Still Slip Into Interviews
Illegal interview questions remain an issue in the hiring process despite clear laws prohibiting them.
These questions can lead to discrimination and unfair treatment, making it critical for candidates to recognize when they’re being asked something inappropriate. These inappropriate violations are more common than many realize.
Understanding your rights as a job candidate is essential to navigating interviews with confidence.
Are You Married?
Asking about marital status is a classic example of an illegal question that hiring managers might pose. This question can lead to discrimination based on marital status, which is protected under employment laws. Employers should focus on qualifications, not personal life details.
Do You Have Any Children?
Questions about children or plans to have them are invasive and illegal. This line of questioning can be used to discriminate against candidates who may require maternity leave or flexible hours. Employers should assess a candidate’s ability to perform the job, not their family planning choices.
What Year Did You Graduate?
While this might seem like an innocent question, it can be used to infer a candidate’s age, which is protected under the Age Discrimination in Employment Act (ADEA). Age discrimination is a serious concern, especially for older workers. Instead of focusing on age, employers should ask about relevant experience and skills.
What Is Your Religion?
Asking about a candidate’s religion or religious practices is not only inappropriate but also illegal. This question can lead to discrimination based on religious beliefs or practices, which are protected under Title VII of the Civil Rights Act. Employers should focus on job-related skills, not religious affiliations.
Do You Have Any Disabilities?
Inquiring about disabilities is prohibited by the Americans with Disabilities Act (ADA), which protects individuals with disabilities from discrimination. Employers should only ask if a candidate can perform the essential functions of the job with or without reasonable accommodation. The focus should always be on the candidate’s qualifications, not their physical or mental health.
How Old Are You?
Directly asking a candidate’s age is illegal and can lead to age discrimination. Age should never be a factor in determining a candidate’s suitability for a job. Instead, the interview should center on the candidate’s skills, experience, and ability to perform the job duties.
What Is Your Nationality?
Asking about a candidate’s nationality or country of origin is illegal and can lead to discrimination based on national origin. Employers can legally ask if a candidate is authorized to work in the country, but they should avoid any questions that concern citizenship or ethnicity. The focus should be on whether the candidate meets the job qualifications.
Do You Plan to Get Pregnant?
Questions about pregnancy plans are illegal and discriminatory, as they can be used to exclude women from employment opportunities. The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers should focus on the candidate’s current ability to perform the job, not their future family plans.
What Is Your Sexual Orientation?
Asking about sexual orientation is illegal and can lead to discrimination based on sexual preference. This question has no bearing on a candidate’s ability to perform job duties and is protected under various anti-discrimination laws. Employers should stick to job-related questions and avoid personal inquiries.
What Is Your Political Affiliation?
Inquiring about a candidate’s political beliefs or affiliations is inappropriate and potentially illegal. While political beliefs are not federally protected, some states and localities have laws that prohibit discrimination based on political affiliation. Employers should focus on professional qualifications, not personal political views.
Do You Smoke or Drink?
Questions about smoking or drinking habits can be seen as an invasion of privacy and are often illegal, especially if they are used to make employment decisions. While employers may have policies about substance use in the workplace, these should be addressed in a way that does not discriminate against candidates based on their legal personal habits. The focus should remain on job performance and workplace conduct.
Have You Ever Been Arrested?
Asking about arrest records is illegal in many states, as it can lead to discrimination against individuals who have been arrested but not convicted. The Equal Employment Opportunity Commission (EEOC) advises that employers should only ask about convictions if they are directly related to the job. It’s important to ensure that hiring practices are fair and non-discriminatory.
What Is Your Weight?
Questions about a candidate’s weight are inappropriate and can lead to discrimination based on appearance or health. Weight has no relevance to a candidate’s ability to perform job duties unless it directly impacts job performance, which is rare. Employers should focus on qualifications and experience, not physical attributes.
What Is Your Gender?
Asking about a candidate’s gender or gender identity is illegal and can lead to discrimination. Gender should not influence hiring decisions, as it has no bearing on a candidate’s ability to perform a job. Employers should create an inclusive environment by focusing on skills and qualifications, not gender.
What Is Your Credit Score?
Inquiring about a candidate’s credit score can be seen as discriminatory, particularly if it is not directly related to the job. While some positions may require a credit check, this should be conducted with the candidate’s consent and should be relevant to the job duties. Employers should be cautious about how and when they ask for financial information.
Are You a Member of a Union?
Asking about union membership can lead to discrimination based on labor activities, which is protected under the National Labor Relations Act (NLRA). Employers should not inquire about a candidate’s involvement in unions or labor organizations. Instead, they should focus on the candidate’s qualifications and ability to perform the job.
What Is Your Housing Situation?
Inquiring about a candidate’s living arrangements can be invasive and irrelevant to job performance. Such questions can lead to discrimination based on socioeconomic status or stability. Employers should avoid delving into personal matters that do not impact job qualifications.
Do You Have a Car?
Asking if a candidate owns a car can be discriminatory, particularly if transportation is not a requirement for the job. This question can disadvantage candidates who rely on public transportation or other means of getting to work. Employers should focus on whether the candidate can reliably commute, not on their mode of transportation.
What Is Your Military Discharge Status?
Inquiring about the nature of a candidate’s military discharge can be illegal and discriminatory. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects veterans from discrimination based on their service. Employers should focus on the skills and experience gained during military service, not on the type of discharge.
Do You Speak English at Home?
Asking about the language spoken at home can lead to discrimination based on national origin. While employers may require proficiency in English for certain jobs, they should not inquire about a candidate’s language use outside of work. The focus should be on the candidate’s ability to communicate effectively in the workplace.
Are You a U.S. Citizen?
While it’s legal to ask if a candidate is authorized to work in the U.S., directly asking about citizenship status can be discriminatory. The Immigration Reform and Control Act (IRCA) protects against discrimination based on citizenship status. Employers should simply verify work authorization through appropriate legal channels.
Do You Have a Spouse or Partner?
Asking about a candidate’s relationship status can lead to discrimination and is not relevant to job performance. This question can also raise concerns about bias based on sexual orientation or family responsibilities. Employers should focus on professional qualifications, not personal relationships.
How Long Have You Lived Here?
Inquiring about a candidate’s length of residence in a particular area can be seen as discriminatory, especially if it’s used to gauge stability or local ties. This question can disadvantage newcomers or those who have moved frequently. Instead, employers should evaluate a candidate’s qualifications and experience without regard to their living history.
Josh Dudick
Josh is a financial expert with over 15 years of experience on Wall Street as a senior market strategist and trader. His career has spanned from working on the New York Stock Exchange floor to investment management and portfolio trading at Citibank, Chicago Trading Company, and Flow Traders.
Josh graduated from Cornell University with a degree from the Dyson School of Applied Economics & Management at the SC Johnson College of Business. He has held multiple professional licenses during his career, including FINRA Series 3, 7, 24, 55, Nasdaq OMX, Xetra & Eurex (German), and SIX (Swiss) trading licenses. Josh served as a senior trader and strategist, business partner, and head of futures in his former roles on Wall Street.
Josh's work and authoritative advice have appeared in major publications like Nasdaq, Forbes, The Sun, Yahoo! Finance, CBS News, Fortune, The Street, MSN Money, and Go Banking Rates. Josh currently holds areas of expertise in investing, wealth management, capital markets, taxes, real estate, cryptocurrencies, and personal finance.
Josh currently runs a wealth management business and investment firm. Additionally, he is the founder and CEO of Top Dollar, where he teaches others how to build 6-figure passive income with smart money strategies that he uses professionally.