Illegal Interview Questions

Questions that are illegal for employers to ask at interviews include:

1. Age

Unless questioned about mandated minimum age requirements for a particular job, an employer shouldn't ask about the your age or the dates when you attended grade school, high school, or even college, as the courts may regard this as subtle evidence of age discrimination.

2. National Origin

An employer can require proof that you are eligible to legally work in America. The proof must be a form that would be accepted by U.S. Citizenship and Immigration Services. An employer cannot ask about what other languages you speaks, unless there is a legitimate employment reason. If an employer must ask about language abilities, the employer must not ask how or where you acquired your to speak a foreign language.
The law presumes that "English-only" rules are illegal, such as requirements that employees speak only English while at work.

3. Race/Color

An interviewer cannot ask your race or color, or racial/familial background. An employer should not ask specific questions of certain races or colors but not others. The employer should ensure that it asks the same types of questions of all potential employees.

4. Gender

An employer cannot ask about your gender, or pose questions that may only apply to one gender. For example, the employer should not ask if you plan on having children, even if this question is asked of all candidates. A court may consider such a question as an attempt to avoid hiring women. An employer cannot inquire about your plans for child care.
An employer must be careful not to have requirements that are unrelated to the job. For example, an employer should avoid imposing height requirements unrelated to job performance, as such a requirement could potentially exclude women.

5. Religion

The employer should not ask about your religious beliefs, whether or where you attend church, or about any religious customs. The employer must not tell you about the employer’s religious beliefs or affiliations. Courts may consider such discussions as an attempt to pressure or unduly influence you when there is no legitimate employment reason for the employer to disclose such information.

6. Disability

An employer can ask whether you are capable of performing tasks that are required for the job. The employer, however, should carefully phrase the question to avoid potential problems. For example, the employer may properly explain that a job may require lifting boxes weighing 25 pounds, and then ask if you are able to meet that requirement. However, it is not appropriate to simply ask if you are disabled, and then attempt to justify that question by explaining that the employer was attempting to elicit information regarding your ability to lift heavy boxes.
The employer must avoid questions that could be misconstrued as inquiring about non-job-related disabilities, or that could force you to reveal any such disabilities. The employer must ask whether you have a history of filing workers’ compensation claims, or ask about any current or prior medical conditions.

For more information on illegal and legal pre-interview, interview, and post-interview hiring practices visit The Hiring Process: A Primer of Legal Do's and Dont's from Workforce Management.