15 Illegal Interview Questions & How to Handle Them

Illegal interview questions are a minefield that job seekers must navigate carefully. 

These are questions that employers should never ask, as they can be discriminatory and violate federal laws. But still, many hiring managers unknowingly cross this line, putting candidates in an uncomfortable position. 

According to a CareerBuilder survey, a staggering 20% of hiring managers have asked an illegal question during an interview, only to realize later that it was off-limits1.

So, how can you handle these inappropriate inquiries with grace and professionalism?

1. “Are you married?”

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This seemingly innocent question is a big no-no. Marital status is a protected characteristic, and employers are not allowed to factor it into their hiring decisions.

You have a few options when responding to this question. One approach is to simply say, “I prefer to keep my personal and professional life separate.” Alternatively, you could steer the conversation towards your qualifications, stating something like, “I’m fully committed to my career and have a track record of success in this field.”

2. “Do you have children?”

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Much like the marriage question, inquiries about children or family planning are off-limits. Employers may be trying to gauge your availability or commitment, but it’s still illegal to ask.

When confronted with this question, a smart response could be, “My family situation won’t interfere with my ability to perform the job.”

3. “What country are you from?”

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This question treads dangerously close to national origin discrimination. While employers can ask if you’re legally authorized to work in the country, they can’t inquire about your birthplace or citizenship status.

Should you encounter this question, a straightforward reply could be, “I’m legally authorized to work in the United States.” If you’re comfortable sharing more, consider mentioning any language skills or cultural competencies that might be relevant to the job.

4. “Is English your first language?”

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Once again, this question could be used to discriminate based on national origin. Employers can ask about language skills if they’re relevant to the job, but they can’t make assumptions based on your accent or ethnicity.

A diplomatic response might be, “I’m fluent in any languages required for this position.” Consider highlighting any language-related achievements or experiences that showcase your communication skills.

5. “Do you have any disabilities or medical conditions?”

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The Americans with Disabilities Act (ADA) prohibits employers from asking about disabilities or medical conditions before extending a job offer. These questions can lead to discrimination against qualified individuals with disabilities. (ref)

If faced with this question, you can respond by assuring the interviewer that you are capable of performing the essential functions of the job, with or without reasonable accommodations.

6. “What religion do you practice?”

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Religion is a deeply personal topic, and employers have no business asking about it. They can’t make hiring decisions based on your faith or lack thereof. Asking about it is also illegal under Title VII of the Civil Rights Act, as it can lead to discrimination based on religious beliefs

Should this question catch you off guard, a polite response could be, “My religious beliefs won’t affect my ability to do the job.” 

7. “How old are you?”

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Age discrimination is a real problem in the workforce, and employers are not allowed to factor age into their hiring decisions unless it’s a bona fide occupational requirement (like being old enough to serve alcohol).

When faced with this question, consider pivoting to your relevant experience and qualifications. For example, you might say, “I bring 10 years of experience in this field and a track record of success in similar roles.”

8. “Are you pregnant or planning to have kids?”

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This question is a double whammy of gender and pregnancy discrimination. Employers cannot make hiring decisions based on your current or future reproductive plans.

A clever response could be, “I’m focused on my career right now and plan to be for the foreseeable future.” Another strategy is to emphasize your reliability and commitment to the job.

9. “What’s your sexual orientation?”

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In many states and localities, sexual orientation is a protected characteristic, and employers cannot discriminate based on it. Even where it’s not explicitly protected, asking about it is still inappropriate.

Should you find yourself in this situation, consider stating, “I don’t see how my sexual orientation relates to my qualifications for the job.” 

10. “Have you ever been arrested?”

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In many states, employers are not allowed to ask about arrests that did not result in convictions. They can ask about convictions if they’re relevant to the job, but they can’t make blanket exclusions based on criminal history.

When questioned about arrests, a possible response could be, “I have not been convicted of any crimes that would prevent me from performing this job.” If you do have a conviction history, focus on how you’ve learned from your mistakes and grown as a person.

11. “Do you drink socially?”

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Questions about alcohol use could violate the Americans with Disabilities Act (ADA) by revealing a drinking problem. Employers can ask if you’ve ever been disciplined for violating company alcohol policies, but they can’t ask about your general drinking habits.

Should this question arise, consider saying, “I don’t let alcohol interfere with my work performance.” Another option is to pivot to your professionalism and reliability on the job.

12. “Would you be okay working for someone younger than you?”

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This question could be used to discriminate based on age, as it implies that the employer is concerned about your ability to take direction from a younger supervisor.

A solid response might be, “I’ve worked effectively with diverse teams throughout my career, including supervisors of all ages.” Consider emphasizing your adaptability and openness to learning from others.

13. “What political party are you registered with?”

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Political affiliation is another protected characteristic in some states and localities. Even where it’s not explicitly protected, asking about it is still inappropriate and irrelevant to most jobs.

When asked this question, consider responding with, “I keep my political views separate from my work life.”

14. “When did you graduate high school?”

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This seemingly innocuous question could be used to estimate your age and discriminate based on it. Employers can ask about your educational background, but they shouldn’t fish for graduation dates.

Should this question come up, focus on your more recent and relevant educational experiences, such as college or graduate degrees. 

15. “Do you observe any religious holidays?”

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Similar to the religion question, asking about religious observances could be used to discriminate based on faith. Employers can ask if you’re available to work the required schedule, but they can’t grill you about your religious practices.

Should you be asked this question, a potential response could be, “I’m available to work the schedule required for this position.” If you do need religious accommodations, frame them as a reasonable request and emphasize your flexibility and commitment to the job.

Know Your Rights

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So, what laws protect you from illegal interview questions?

The main one is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. (ref

The Age Discrimination in Employment Act (ADEA) protects workers over 40 from age discrimination, while the Americans with Disabilities Act (ADA) prohibits discrimination based on disability status.

In addition to these federal laws, many states and localities have their own anti-discrimination laws that may provide even broader protections. For example, some states prohibit discrimination based on marital status, sexual orientation, or gender identity.

If you believe you’ve been asked an illegal question or discriminated against in the hiring process, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) (ref) or your state’s fair employment practices agency. These agencies investigate claims of discrimination and can take legal action against employers who violate the law.

Source:

  1. https://press.careerbuilder.com/2015-04-09-1-in-5-Employers-Have-Unknowingly-Asked-an-Illegal-Interview-Question-CareerBuilder-Survey-Finds
Martha A. Lavallie
Martha A. Lavallie
Author & Editor | + posts

Martha is a journalist with close to a decade of experience in uncovering and reporting on the most compelling stories of our time. Passionate about staying ahead of the curve, she specializes in shedding light on trending topics and captivating global narratives. Her insightful articles have garnered acclaim, making her a trusted voice in today's dynamic media landscape.