9 Illegal Interview Questions And How To Handle Them

In today’s competitive job market, interviews can include a range of inquiries designed to assess candidates’ qualifications and fit for a role. However, it’s not uncommon for interviewers to inadvertently pose illegal questions. These questions may not stem from malicious intent but rather from a lack of awareness of current employment laws. Understanding which inquiries are permissible and which are not is essential for every job seeker.

Below, you’ll find practical strategies for navigating these conversations. Please note that while we offer insights, this content is not a substitute for legal counsel.

Key Takeaways

• When confronted with an illegal interview question, maintain a polite demeanor and focus on the question’s intent without offering personal details.

• You have the right to refuse to answer illegal questions, and you can choose to terminate the interview if necessary.

• Illegal interview questions pertain to personal information that does not relate to the job and could lead to discriminatory practices.

What to Do if You’re Asked an Illegal Question

Occasionally, interviewers might ask inappropriate questions without realizing their inappropriateness. In such cases, you can respond politely while steering clear of personal details.

Remember, you can always end the interview or refuse to answer if the question feels uncomfortable. Ultimately, it’s better to walk away from a potential employer whose values don’t align with yours. In fact, being asked illegal questions may reveal underlying issues with the company’s culture.

Understanding the legal landscape regarding these inquiries can empower you to handle awkward situations more effectively.

Questions That Are Illegal to Ask in an Interview

Both federal and state laws define and restrict employers from asking questions unrelated to the job for which they are hiring. Such questions typically relate to the following areas:

• Gender, sex, or sexual orientation

• Marital or family status

• Race, citizenship, or nationality

• Age

• Religion

• Credit history

• Criminal record

• Disability

• Military discharge

Discriminating against candidates based on any of these factors is illegal.

Sadly, many of these questions appear as casual conversation starters. Being informed about how to respond can help you navigate these situations effectively.

How to Answer Illegal Interview Questions

1. Gender, sex, or sexual orientation. Questions may include:

   • “Do you think a woman would be able to manage a team of all men?”

   • “Are you capable of performing the duties of this role along with your obligations outside of work?”

   Gender-related questions should not arise unless they are directly relevant to the job requirements. A suitable response may be:

   Illegal Interview Question Gender Example Answer

   “I have extensive management experience, and in my previous role, I successfully led initiatives that increased departmental performance by 30%.”

2. Marital or family status. Possible questions might include:

   • “Do you plan on having children? Are you getting married?”

   • “Will you continue working after having kids?”

   While these inquiries may stem from a desire to assess commitment, redirect the conversation to your professional aspirations:

   Illegal Interview Question Marriage and Family Example Answer

   “I’m more focused on my professional growth and would love to hear more about the development opportunities at your company.”

3. Citizenship, ancestry, or nationality. Employers should only inquire if candidates are legally authorized to work in the U.S. Questions like these are illegal:

   • “Are you a U.S. citizen?”

   • “Can you recite the Star-Spangled Banner?”

   • “What language is spoken in your home?”

   If you suspect the intent is friendly, you could respond with:

   Illegal Interview Question Citizenship Example Answer

   “I’ve lived in several places, but I am legally authorized to work in the United States.”

   You may also opt to say, “This question does not pertain to my ability to perform the job.”

4. Age. Age-related questions can lead to discrimination against both younger and older candidates. Employers can only ask about age if it directly pertains to job qualifications. Suitable responses include:

   Illegal Interview Question Age Example Answer

   “I possess significant experience as a customer service representative where I improved customer satisfaction ratings by 15%.”

   You may also choose not to answer and state, “My age does not impact my ability to perform job duties.”

5. Religion. While employers may inquire about scheduling needs, they should avoid any religious connotations. Common illegal questions include:

   • “Do you attend church on Sundays?”

   • “What religious holidays do you celebrate?”

   Instead, assure them of your availability:

   Illegal Interview Question Religion Example Answer

   “My availability is very flexible, and I’m sure I can meet the scheduling needs for this position.”

6. Credit history. Employers typically cannot ask about credit history unless the position involves financial responsibilities. If you are asked about your credit, a possible response is:

   Illegal Interview Question Credit History Example Answer

   “My credit history does not affect my ability to meet job expectations.”

7. Criminal record. Questions regarding arrests without convictions are illegal, but employers may ask about convictions if relevant to the job. A potential response could be:

   Illegal Interview Question Criminal Record Example Answer

   “There is nothing in my background that would impede my ability to fulfill the responsibilities of this job.”

8. Disability. Employers may ask about task performance capability, but cannot inquire about specific disabilities. If necessary, respond with:

   Illegal Interview Question Disability Example Answer

   “I am confident that I can fulfill all job requirements.”

9. Military discharge. While interviewers can ask about relevant military experience, they cannot inquire about discharge status or records. A suitable response might be:

   Illegal Interview Question Military Discharge Example Answer

   “I have valuable military experience that is relevant to this position.”

Examples of Illegal Questions and Their Legal Counterparts

1. Gender, sex, or sexual orientation.

   • What is your gender?

   • What gender do you identify as?

   • Have you undergone any transitional treatments?

   • What is your sexual orientation?

   • Legal if gender is a bona fide occupational qualification: What is your gender?

2. Marital or family status.

   • How many children do you have?

   • How long have you been married?

   • Are you in a relationship?

   • Legal: Do you have any commitments outside of work that will prevent you from working during your assigned shifts?

3. Citizenship, ancestry, or nationality.

   • What’s your racial/ethnic background?

   • What country are you from?

   • What’s your nationality?

   • Could you provide your birth certificate?

   • Where are your parents from?

   • Where were you born?

   • Legal: Are you legally allowed to work in the U.S.?

   • Legal: Can you provide proof of your citizenship status if hired?

   • Legal: Are you fluent in English?

4. Age.

   • How old are you?

   • What year were you born?

   • When did you graduate high school/college?

5. When is your birthday?

6. Legal if working where age is a requirement, like bartending: How old are you?

7. Religion.

   • What religion do you practice?

   • Are you a religious person?

   • What denomination do you follow?

   • Legal: No questions relating to religion are permitted.

8. Credit history.

   • Have your wages ever been garnished?

   • Do you own your car/home?

   • How much debt are you in?

   • Have you ever gone bankrupt?

   • Do you have a bank account?

   • Legal: Background and credit checks are lawful with permission and adherence to state and federal regulations.

9. Criminal record.

   • Have you ever been arrested? (illegal in some states)

   • Have you ever been convicted of a crime? (illegal if unrelated to the job)

   • Legal if applying for a law enforcement role: Have you ever been arrested or convicted of a crime?

10. Disability.

    • Do you have any disabilities?

    • Have you ever had a workplace injury?

    • Have you ever filed for worker’s comp?

    • Do you have any medical conditions that could prevent you from doing the job?

    • Legal: Are you able to perform the duties and responsibilities outlined in the job description?

11. Military discharge.

    • Were you discharged from the military?

    • Why were you discharged?

    • Did you serve in a foreign military?

    • Legal: What military training do you have relevant to this job?

    • Legal if the job requires a security clearance: Why were you discharged from the military?

12. Other illegal questions.

    • How much do you weigh?

    • How tall are you?

    • Who do you live with?

    • How many people reside with you?

    • What is your relationship with your housemates?

    • Who is your emergency contact? (if asked before hiring)

    • What fraternity/sorority were you in?

    • Have you ever changed your name?

    • What’s your maiden name?

    • Can you provide the names of relatives working for our competition?

    • Do you have a family history of medical issues?

    • When did you start working?

    • Do you have a car? (only legal if a car is required for the job)

Illegal Questions to Ask in an Interview FAQ

1. What are three illegal questions an interviewer should not ask?

   Three illegal questions include:

   • Are you married?

   • Are you a U.S. citizen?

   • What is your date of birth?

2. How should you respond to an illegal or inappropriate question from an interviewer?

   Stay calm and politely decline to answer the question. If you can discern the legitimate question behind it, feel free to respond accordingly. For instance, if asked, “Are you a U.S. citizen?” you could reply, “I am legally authorized to work in the U.S.” If pressed further, you can refuse to answer and exit the interview.

3. How do you report illegal interview questions?

   Report illegal interview questions to the company’s HR department. If necessary, escalate the issue to a U.S. Equal Employment Opportunity Commission (EEOC) office.

4. Can I take legal action for illegal interview questions?

   While you cannot sue directly for illegal interview questions, you may sue for discrimination, as these questions can serve as evidence of discriminatory practices.

Final Thoughts

This content is not legal advice, and it is advisable to consult a qualified lawyer if you consider legal action after being asked illegal questions. If you believe you have experienced discrimination based on gender, family status, race, religion, or other protected characteristics, you can file a charge with the U.S. Equal Employment Opportunity Commission (EEOC).

For further assistance, contact a lawyer specializing in labor issues or reach out to your local EEOC office to explore your options.

References

1. Yale University Office of Career Strategy – Illegal Interview Questions

2. Columbia University Center for Career Education – Illegal Questions, and How to Respond

Author

Maddie Lloyd

Maddie Lloyd was a writer for the Zippia Advice blog focused on researching tips for interview, resume, and cover letter preparation. She's currently a graduate student at North Carolina State University's department of English concentrating in Film and Media Studies.