Despite there being a lot of illegal interview questions that an interviewer must avoid, there are even more completely legal interview questions that hiring managers will use in order to make an informed decision about you.
Many people dread the interview process. The anticipation of being grilled and interrogated by a hiring manager can be nerve-wracking, but it doesn’t have to be! There are some questions you don’t need to answer, so knowing what they are will help make your experience less stressful. In this blog post, we’ll cover 9 illegal topics that an employer cannot ask you on the job interview and we’ll explain why these questions should not even cross their mind in the first place!
1) Applicant’s Age
Questions related to an applicants age are private and discriminatory questions that cannot legally be asked in a job interview setting. The concern here is for younger applicants who may fear discrimination based on their age, but also for older workers who have been out of the workforce for a while and may be judged unfairly based on their age. The Age Discrimination in Employment Act of 1967 also protects workers over 40 years old.
Examples include:
- How old are you?
- What year were you born in?
- When did you graduate from High School?
2) Applicant’s religion or faith practices
Employers are not allowed to ask job applicants about their religious beliefs, even if the company has an official affiliation with that particular faith. The concern here is for those employees who may feel they have been discriminated against in the past because of their faith.
Examples include:
- What religion are you?
- Do you attend Church often?
- How often do you pray to God during the day?
3) Applicant’s sexual orientation or beliefs about sex before marriage
An employer is not allowed to ask an applicant if they have a preference for the opposite sex, so avoid asking questions that could be interpreted as discriminatory in nature. The concern here is for applicants who may feel uncomfortable revealing more than what should be necessary during an interview. Employers also are not allowed to ask a person’s gender, even if they are not following a traditional gender binary.
Examples include:
- What is your sexual preference?
- How often do you have sex with a partner inside or outside of marriage (or in general)?
- Would you consider yourself bisexual, gay, straight, pansexual…?
4) Applicant’s race, color, or ethnicity
Employers are not allowed to ask questions about an applicant’s race, color, or ethnicity because these protected statuses have been historically discriminated against in the workplace. The concern here is that this could lead to unequal treatment during hiring which may discourage qualified minority applicants from applying for positions with your company.
Examples include:
- What is your ethnicity?
- Are you of African heritage and/or descent?
- Do you speak Spanish at home often with family members?
5) Applicant’s national origin
An employer cannot ask about an applicant’s national origin and doing so could lead to discrimination against certain minorities, especially for those who may have been born in countries with fraught relationships. The concern here is that this can open up the possibility of unfair hiring practices based on where someone was born or their ethnic background which would then be prohibited by law. They are also not allowed to ask about the applicant’s birthplace or ancestry.
Examples include:
- Which country were your ancestors from originally when they came to America (or where they born)?
- Do you have dual citizenship or a passport for another country, such as Canada, Mexico, England…?
- Where were you born and where do you live now?
6) Applicant’s marital status, number of children, or if the applicant is pregnant
Employers are not allowed to ask about an applicant’s family planning intentions, even if they’re seeking a position that would be more accommodating. The concern here is for applicants who may feel pressured into disclosing private information during the interview which could make them feel uncomfortable and discriminated against in the workplace.
Employers are also not allowed to ask questions about the applicant’s familial relationships or custody arrangements for their children or other dependents. The concern here is that this could be seen as discriminatory against single parents who need more flexible hours than someone with a traditional family structure.
Examples include:
- Are you married or single?
- Do you have children (or are pregnant)?
- What kind of relationship do you have with your spouse/partner and why did the two of you decide to get divorced?
7) Applicant’s disability status
Employers are not allowed to ask any questions that could be seen as discriminatory towards those with disabilities and/or their ability to perform the essential functions of a job role (i.e., someone who has been previously injured).
Examples include:
- What kind of disability do you have?
- What medications are you on?
- How many workman’s comp claims have you filed?
8) Applicant’s criminal record or arrest history
Unless the position in question is a security-sensitive job, an employer cannot ask about your previous convictions and arrests, even if you are being considered for a sensitive role within their company. The concern here is for those employees who may feel they have been discriminated against before because of past offenses.
Examples include:
- What are the types of crimes you have been convicted for?
- Have you ever been arrested before?
- Why did they decide to arrest you and not just give you a ticket or warning?
9) Applicant’s salary history or expectations
Employers are not allowed to ask applicants about their previous salaries, in most cases, as it may be seen as discriminatory against those who have been earning less than others. The concern here is that this could lead to an applicant being underpaid in the future if they feel pressured to accept a salary offer lower than what their previous employers paid them.
Examples include:
- What is your current salary or what are you currently making?
- What is the most you’ve ever made at a job?
- How much were you previously earning at your last job?
What is the best way to handle an illegal interview question?
If you find yourself in a situation where an employer has asked you one of these illegal questions during an interview, you can take the following steps:
- Decide if you want to answer the question. Remember, that you don’t have to answer any illegal questions.
- Inform the interviewer that their question is illegal and politely decline to disclose any information.
- Ask for the interview questions in writing.
- Contact the EEOC, if you decide you want to report the employer.
- Contact an attorney, if you decide to take legal action.
The truth is…
Despite there being a lot of illegal interview questions that an interviewer must avoid, there are even more completely legal interview questions that hiring managers will use in order to make an informed decision about you.
We often spend a lot of time focusing on what not to say during interviews, but we don’t share enough with people the types of questions that they should expect and be prepared for.
So here’s your cheat sheet – these are all the legal questions you can potentially expect during an interview.
- Do you have any relevant experience and qualifications necessary for this role?
- Are there any other positions that interest you at our company right now, or in general? What would they be a good fit with your interests and skillset?
- What qualities are you looking for in your next role?
- How does this position compare to others that you have applied to or interviewed with at other companies? Is there anything about it that makes it stand out, or not seem like a good fit for you?
- Tell me more about yourself. What’s the best way for us to contact you?
- What are your short-term and long-term career goals?
Join the conversation!