Employers can ask plenty of questions during a job interview, but they cannot ask anything they want. Employment laws restrict questions that may reveal protected information, including your age, religion, disability status, pregnancy, family responsibilities, race, national origin, and other personal details unrelated to your ability to do the job.

Many candidates hesitate when faced with an inappropriate interview question because they do not want to jeopardize a job opportunity. However, knowing your rights gives you the confidence to redirect the conversation, document what happened, and take action if an employer’s decisions appear to be based on discrimination.

If you believe an employer crossed the line during an interview, an employment lawyer can help you understand your legal options. Find an employment attorney through the Super Lawyers directory.

Job Interview Questions About Age

Experience matters in the workplace, but an employer’s interest in a candidate’s background does not give them permission to ask about age. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against applicants and employees who are 40 or older, including during the hiring process.

Questions that reveal a candidate’s age or retirement plans may create legal issues, such as:

• “How old are you?”
• “When did you graduate from high school?”
• “When do you plan to retire?”

Instead of asking about age, employers should ask about relevant experience, skills, and qualifications. For example, questions about how many years a candidate has worked in a specific field may be appropriate when tied to the position. Questions that are unrelated to the job may raise concerns about potential age discrimination.

Job Interview Questions About Race, Ethnicity, or National Origin

An employer cannot ask questions that are designed to determine someone’s race, ethnicity, or national origin. Title VII of the Civil Rights Act of 1964 covers this protection, which is broad and designed to protect individuals from discrimination.

So even questions that aren’t directly about race, ethnicity, or national origin could be prohibited because their effect is to gather this information or create a discriminatory impact:

• “What country are you from?”
• “What is your native language?”
• “What is your ethnic background?”

However, employers can ask questions about someone’s legal ability to work in the United States. This relates to an employer’s legal responsibility to hire only eligible workers. It also doesn’t require the employer to ask specifically where the person is from.

An employer can also ask if candidates can speak a specific foreign language. However, it must relate to a bona fide occupational qualification. For example, a business may have a large customer base that speaks only Spanish. The employer can ask applicants whether they speak Spanish to serve those customers. A business may source products internationally and need employees who can communicate with suppliers from those countries.

Job Interview Questions About Religion

Title VII prohibits questions about religious beliefs, practices, or affiliations. An employer may ask a question only when an employee requests reasonable accommodations. However, these conversations happen after a need arises from an employee’s religious affiliation.

Questions that employers should avoid include:

• “What church do you attend?”
• “Do you observe religious holidays?”
• “Will your religion prevent you from working certain days?”

Job Interview Questions About Sex, Gender, Sexual Orientation, or Pregnancy

Few areas of employment law have received as much attention in recent years as sex, gender identity, and sexual orientation.

Federal protections have also evolved through legislation and court decisions. Title VII prohibits discrimination based on sex, and the U.S. Supreme Court held in Bostock v. Clayton County that discrimination because of sexual orientation or gender identity is covered by that prohibition.

Pregnancy discrimination is separately addressed under federal law, including the Pregnancy Discrimination Act of 1978.

Employers generally should avoid questions such as:

• “Are you pregnant?”
• “Do you have children?”
• “Are you planning to start a family?”
• “Who will watch your children while you work?”

It’s fine to ask whether you can work a required schedule or perform the duties of a position. Questions about your plans to have children, however, can raise concerns when used to make assumptions about your commitment or availability.

Job Interview Questions About Marital or Family Status

Questions about your family may seem like harmless small talk during an interview, but they can create legal concerns when an employer uses the answers to make hiring decisions.

Federal law does not specifically prohibit every question about marital or family status. However, some states provide additional protections for marital status, caregiver status, or family responsibilities.

Questions such as these generally have little to do with your ability to perform a job:

• “Are you married?”
• “Do you have children?”
• “Are you a single parent?”

An employer can ask about your availability or whether you can meet the schedule required for the position. Asking about your family to determine whether you will be reliable, committed, or available can raise discrimination concerns, particularly when the same questions are not asked of other applicants.

Job Interview Questions About Disability or Medical History

An employer can ask whether you are capable of doing the job. Asking for your medical history is a different matter. The Americans with Disabilities Act (ADA) places significant restrictions on disability-related questions before an employer makes a job offer.

These protections can apply when an applicant has a physical disability, has certain medical conditions, or has previously made a workers’ compensation claim.

Before an offer, employers generally should not ask:

• “Do you have a disability?”
• “Have you ever filed a workers’ compensation claim?”
• “What medical conditions do you have?”

Instead, employers may ask whether an applicant can perform the essential functions of the position, with or without reasonable accommodation. Medical examinations and health inquiries may be permitted after certain stages of the hiring process, but employers must still follow the ADA’s requirements.

Job Interview Questions About Salary History

Traditionally, one of the most common questions employers ask is about an applicant’s salary history. However, this is changing as more jurisdictions pass laws that restrict or prevent it. The goal is to protect workers by preventing their previous salary from limiting their future opportunities.

These laws vary by state and locality. Questions that are commonly not allowed include:

• “How much did you make at your last job?”
• “What was your previous salary?”

Job Interview Questions About Criminal History and Ban-the-Box Laws

While not federally prohibited, many states have passed laws addressing employer questions about criminal history. These are called ban-the-box laws, referencing the criminal history box that commonly appears on job applications. These laws generally prevent employers from asking about an applicant’s criminal record early in the application process. However, each law’s specific rules can vary significantly.

The majority of these laws do not prevent employers from considering criminal history at all. In most jurisdictions, employers can consider criminal history only after extending a conditional offer of employment.  Another common approach requires employers to wait until after the initial interview.

The Fair Chance to Compete for Jobs Act of 2019 is the federal ban-the-box law. However, it only applies to federal agencies and civilian defense contractors. It also doesn’t apply to every position. Qualifying positions require a conditional job offer before employers can consider criminal conviction records.

What Should You Do If an Employer Asks an Illegal Interview Question?

Sometimes an employer will ask an illegal interview question, whether intentionally or not. An applicant doesn’t need to confront the interviewer immediately. Applicants can remain professional while not answering the question. Redirect the conversation back to focusing on skills or job-related experience.

Some methods for addressing the question without answering include:

• “I’m happy to discuss my qualifications and how my experience fits this role.”
• “Could you tell me more about the responsibilities of this position?”
• “I can confirm that I meet the scheduling requirements outlined for this role.”

After the interview, the applicant should document it. Write down the exact question that was asked and who asked it. Document the rest of the interview details, such as where, when, and everyone who attended. Continue adding notes as the interview process continues, such as any follow-up comments or hiring decisions.

What Legal Options Are Available If You Experience Hiring Discrimination?

If you believe that an employer has discriminated against you during the hiring process, you may have legal options. This could include asking legally prohibited questions or making discriminatory decisions based on the employee’s answers.

One option is to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will initiate an investigation. Another potential option is to file a complaint with the employer’s state fair employment agency.

If you are unsure how to proceed or want to consider other avenues, a third option is to speak with an employment law attorney. A lawyer can advise you on how to report the employer and seek potential compensation.

Don’t wait to take action. Deadlines apply for filing a complaint. Waiting too long can allow the statute of limitations to pass, which would prevent job candidates from seeking a remedy.

Talk With a Lawyer

A job interview should give employers a chance to evaluate your qualifications, not gather personal information that could be used unfairly against you. If you believe an inappropriate question affected a hiring decision, an employment attorney can help you evaluate your options, gather evidence, and determine whether you may have a discrimination claim.

Use the Super Lawyers directory to find an experienced employment attorney who can help with your situation.