Illegal interview questions are questions that ask about, or could reveal, a candidate's protected characteristics, such as age, race, religion, national origin, sex, pregnancy, disability or genetic information. Under US federal law it is the hiring decision based on those characteristics that is unlawful, but asking the question creates evidence that the information was considered, and some states and cities ban certain questions outright. The safe approach is simple: ask only about what the job requires. This guide lists the interview questions employers are not allowed to ask, topic by topic, with a lawful alternative for each.
Key takeaways
- In the US, questions are risky when they touch a protected characteristic such as age, religion, national origin, disability, pregnancy or genetic information.
- Most risky questions have a lawful alternative that asks about the job requirement directly.
- Small talk is where most illegal questions slip out, so train interviewers to avoid personal topics.
- Use a fixed list of structured questions to keep every interview on job-related ground.
Why some interview questions are illegal
Federal laws such as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act prohibit hiring decisions based on protected characteristics. If an interviewer asks about one of them and the candidate is rejected, the question can be used as evidence that the decision was discriminatory. The ADA goes further and restricts disability-related and medical questions before a job offer. Many states and cities add their own bans, for example on asking about salary history or criminal history at the application stage.
Age
| Do not ask | Ask instead, if relevant |
|---|---|
| How old are you? | Are you at least 18? (or the minimum legal age for the role) |
| What year did you graduate? | Do you have the qualification this role requires? |
| When do you plan to retire? | What are your career goals for the next few years? |
| Are you comfortable working with a younger team? | How do you like to work with colleagues and managers? |
Family, marriage and pregnancy
| Do not ask | Ask instead, if relevant |
|---|---|
| Are you married? | Not needed. Skip it. |
| Do you have children, or plan to? | This role has some evening shifts. Can you work that schedule? |
| Are you pregnant? | Not needed. Skip it. |
| Who looks after your kids while you work? | Are you able to travel for work about two days a month? |
| What does your spouse do? | Not needed. Skip it. |
National origin, citizenship and language
| Do not ask | Ask instead, if relevant |
|---|---|
| Where are you from originally? | Are you legally authorized to work in this country? |
| Are you a US citizen? | Will you now or in the future require sponsorship for employment visa status? |
| Is English your first language? | This role requires fluent written Spanish. Can you do that? (only if the job needs it) |
| Where were your parents born? | Not needed. Skip it. |
Religion
| Do not ask | Ask instead, if relevant |
|---|---|
| What religion are you? | Not needed. Skip it. |
| Which holidays do you observe? | This role requires weekend work on a rota. Can you meet that schedule? |
| Do you go to church on Sundays? | Not needed. Skip it. |
If a candidate needs a schedule adjustment for religious reasons, that is a reasonable accommodation discussion, usually after an offer, not a screening question.
Disability, health and medical history
| Do not ask | Ask instead, if relevant |
|---|---|
| Do you have any disabilities? | Can you perform the essential functions of this job, with or without reasonable accommodation? |
| Have you ever been seriously ill? | Not needed. Skip it. |
| How many sick days did you take last year? | Our attendance policy is X. Can you meet it? |
| What medications do you take? | Not needed. Skip it. |
| Have you ever filed a workers' compensation claim? | Not needed. Skip it. |
You may describe the job's physical requirements, such as lifting 25 pounds, and ask if the candidate can meet them with or without accommodation. Medical exams can only be required after a conditional offer, and only if required of everyone in the role.
Other risky topics
| Topic | Avoid | Notes |
|---|---|---|
| Arrest record | Have you ever been arrested? | An arrest is not a conviction; many places restrict criminal history questions until after an offer |
| Salary history | What do you earn now? | Banned in many states and cities; ask about salary expectations instead |
| Military discharge | Were you honorably discharged? | Ask about relevant skills or training from service instead |
| Gender identity and sexual orientation | Any question about either | Protected under federal law |
| Genetic information | Does heart disease run in your family? | Protected under GINA |
| Credit history | Do you have debts? | Restricted in several places; only relevant for some finance roles |
Where illegal questions slip out: small talk
Most illegal questions are not planned. They come up in friendly conversation at the start or end of an interview: noticing a ring, asking about weekend plans with family, or guessing where a name comes from. Train interviewers to keep small talk to neutral topics such as the journey in, the weather or the role itself.
- If a candidate volunteers personal information, do not follow up on it or write it down.
- Steer the conversation back to the job.
- Make sure the information plays no part in the decision.
How to keep every interview on safe ground
- 1
Use a fixed question set
Write the core questions in advance, based on the job, and ask them of every candidate.
- 2
Train interviewers
Cover the topics to avoid, the lawful alternatives and how to handle volunteered information.
- 3
Score on a rubric
Rate answers against job-related criteria so the decision rests on the right evidence.
- 4
Keep notes job-related
Record what the candidate said about the work, not personal details.
A structured first round helps too. A screening tool such as springhire asks every candidate the same recorded questions and scores the answers against your rubric, which keeps personal topics out of the first conversation entirely.
