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17 job interview questions that are illegal but still commonly asked

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Your hands are sweaty, you’ve rehearsed your elevator pitch, and you are going to kill that job interview. And then jumps the hiring manager with a typical zinger: “So, am I correct to assume you’re about to have babies or something?

In 2023, the Equal Employment Opportunity Commission received over 14,000 complaints of workplace discrimination, with a growing percentage stemming from unfair hiring practices, including biased interviewing and recruitment mistreatment.

And the kicker is, you probably didn’t even know that some of these questions were illegal to ask. Looking for work can be messy, and at times even invasive, without worrying about whether a question has crossed the line.

How old are you?

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Simply a friendly question, right, only you’re standing in a legal minefield. The Age Discrimination in Employment Act, for instance, prevents employers from passing over workers 40 and older because of their age. If an interviewer directly asks you your age, they are giving themselves permission and opening the door to discrimination.

64% of workers age 50 and older believe it is common for employees to face age discrimination in the workplace, according to AARP research. Moreover, 90% of respondents reported that such discrimination is widespread. Thoughtful employers limit the question to whether you are 18 or of the proper age for the specific role.

When did you graduate from college?

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This sneaky question is basically asking your age without saying it outright. If you graduated in 1995, hiring managers can do the math pretty easily and know how old you are. This is especially troubling if you work for a startup that happens to prefer fresher faces.

Employers should be asking about skills and experience, not grad dates. Years ago, a seasoned professional might have had significantly more valuable knowledge and ideas than someone who was just out of school. It has no bearing on your capacity to crush a project or lead a team.

Are you married or single?

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This question is certainly baffling, as relationship status has absolutely nothing to do with the competencies and skills required for most job profiles.

That is the double standard that renders this question illegal. Companies do typically ask about your ability to work certain hours or travel, even if inappropriately, but not generally to the point of your relationships.

Do you have kids?

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The question above frustrates many job seekers, and understandably so. It often stems from assumptions about women’s commitment to work after having children, perpetuating unfair stereotypes. In fact, children are a common reason behind such biased inquiries. However, federal law, specifically the Pregnancy Discrimination Act, explicitly prohibits discrimination of this nature.

This is corroborated in research from the Center for WorkLife Law that found mothers to be 79% less likely than fathers to be hired when they need time off, and invited to begin work at a wage $11,000 lower. Kids do not make you bad at your job; there are lots of working parents who excel.

Planning a pregnancy?

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This question isn’t just illegal, it’s not only invasive, but also discriminatory. The Pregnancy Discrimination Act prevents employers from refusing to hire a woman because she is pregnant, has given birth, or may become pregnant.

Nevertheless, this question continues to be asked often, especially to women of childbearing age. Smart employers focus on your skills and experience, not your uterus.

What’s your race or ethnicity?

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Asking about race or ethnicity is a clear violation of Title VII of the Civil Rights Act. This information can’t legally factor into hiring decisions, period. Nevertheless, discrimination is still common based on race in the workplace. In fact, 27,505 race-based discrimination charges were filed in 2023, according to the U.S. Equal Employment Opportunity Commission, demonstrating how deeply entrenched and rampant racial bias still is in the American workplace.

Occasionally, employers may get this information indirectly by asking where you are from or where your parents were born. Your ethnicity and background could be significant, so you should not be held back from getting employed. Any company that asks these questions is essentially hanging a red flag about its office culture.

Where were you born?

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Direct questions about an applicant’s birthplace, citizenship, or national origin would land the employer in legal hot water; federal law bars job discrimination based on these factors.

They may ask if you can work in the United States, but they have no right to delve deeper into your country of origin or how you are allowed to work here. Where you were born does not define how hard you work, your abilities, or your loyalty to the company.

What religion do you practice?

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Religious discrimination is illegal under Title VII, so asking about your religion is a definite NO GO. Employers may also ask if you are available to work specific schedules, such as weekends and holidays. Still, they must not follow up by asking why you’d need time off at other times. EEOC data reveal that reports of religious workplace discrimination have been rising over the past decade.

There is no correlation between your spiritual beliefs, church attendance , and how competent you are in your profession. The focus should instead be on creating an inclusive space where people of all faiths can feel welcome, not interrogating them about their belief system in a job interview.

What part do you play in politics?

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To any job, except those of political campaign work, your voting preferences are generally irrelevant. Questions about political leanings can create negative workspaces and provide options for discriminatory practices.

Although political beliefs are not federally protected, how you cast your vote has absolutely nothing to do with how you analyze data, manage projects, or serve customers

Do you have any disabilities?

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According to the EEOC’s 2023 Annual Performance Report, the agency received over 22,000 disability-related complaints in 2023. There is nothing about having a disability that makes you any less qualified to do the work or act. People with disabilities often offer a fresh take on the world and have excellent ways of solving problems that can be very useful to their employers.

Have you ever been arrested?

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Inquiring about arrests, as opposed to convictions, is problematic because it may perpetuate racial and class discrimination. Arrest cases are not convictions, and the question disproportionately affects some communities.

 According to the National Employment Law Project, 37 states and over 150 cities and counties have adopted “ban the box” or fair chance hiring policies, which delay inquiries into a job applicant’s criminal history until later in the hiring process. These laws have expanded job opportunities for millions of people with criminal records.

Do you own your home?

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Questions about financial status, including homeownership, may provide indicators for credit history, income level, and deprivation.

Unless the role absolutely requires that you handle cash or have direct financial responsibility, your personal finances are none of their business.

Do you drink or use drugs?

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Asking about alcohol or drug use as a screening question can commonly run afoul of disability discrimination laws, particularly if the person is sober and in recovery. The ADA National Network states that employers can question current illegal drug use, but not past addiction or rehabilitation program participation.

The Americans with Disabilities Act provides federal protection for those who are in recovery from addiction. Recovery is a process that deserves respect and privacy, to be treated seriously enough.

Will you need time off for religious holidays?

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At first glance, this appears to be entirely reasonable scheduling. Still, in reality, it is a subtle means of detecting someone’s religion.

While employers can talk about overall schedule and shift requirements, they cannot reference any particular religious practice. If so, they’re obligated to offer reasonable religious accommodations unless it creates an undue hardship.

Is English your first language?

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This question is often a cover for national-origin discrimination or accent bias. Employers can evaluate language abilities if it is a bona fide occupational qualification; however, they may not ask about where you’re from, nor for details on how you speak.

There is a type of discrimination in the workplace that, according to  Forbes, directly impacts millions of workers from other countries who have an accent when they speak English. What you may not realize is that having an accent or fluency in other tongues can be a better asset than a hindrance

Are you transgender?

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Over time, these kinds of questions regarding gender, sexual orientation, or possible medical treatments are being recognized as discriminatory. Many states and localities already require employers to implement explicit protections for transgender employees.

Workers have faced discrimination or harassment at work based on their gender identity or sexual orientation. A person’s gender identity, appearance, or transition status has no impact on their ability to perform any work-related tasks.

When do you plan to retire?

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This one is as straightforward as it gets, focusing on age, which can be code for “we don’t want to consider older workers.”Older workers bring a wealth of experience and a strong work ethic that often makes them excellent employees.

Job longevity should be discussed in terms of commitment to the role and career goals, not age-based assumptions about retirement plans.

What’s your sexual orientation?

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Sexual orientation is protected by federal law after the Bostock decision, and many state and local laws list questions about sexual orientation alongside religious beliefs as things an employer cannot ask.

.According to a 2024 report from the Williams Institute at at UCLA School of Law, LGBTQ+ employees continue to face significant workplace discrimination. Companies need to demonstrate their commitment to diversity through their policies & practices, rather than asking invasive questions during interviews.

Key takeaway

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These little annoyances aren’t just frustrating, they’re potential warnings that indicate much more serious issues related to both company culture and illegal compliance. Understanding your rights will empower you during interviews and allow you to see potential red flags before they become actual issues.

If you do get asked these questions, take it as another opportunity to steer the discussion into your qualifications or a variation of how it relates to providing service in the workplace.

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DisclaimerThis list is solely the author’s opinion based on research and publicly available information. It is not intended to be professional advice.

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