Interview Questions You Might Not Know Are Illegal To Ask

It’s important to be honest in interviews, but what if the interviewer asks questions that don’t relate to your ability to do the job?

These kinds of questions are often illegal.

It’s against the law for employers to discriminate against candidates for a number of reasons, including their marital status, race, gender, age, and more. Any kind of question that tries to pry that information out of the interviewee is out of bounds.

Sometimes the interviewer is trying to get information that is important to the role but the way they ask a question can infringe on your rights as an interview to answer.

For example, if the job requires that you work on Sundays, an interviewer might ask if you’re a regular churchgoer. In their mind, they’re asking you whether or not you could commit to a regular Sunday shift but in actuality, they’re asking about your religious beliefs, which is illegal.

Here’s a list of some of the most common illegal interview questions. If you’re ever asked a question like this in an interview, polite decline to answer or, better yet, form your reply so it answers their concern without giving away information about yourself that they’re not legally allowed to ask about.

Are you married? Is this your maiden name?

Employers may perceive married people to be more stable and/or committed to their jobs than single people. They can’t discriminate against a candidate either way, though, so you should never feel obligated to share your relationship status with an interviewer.

Do you have children? Are you planning to have any?

Some interviewers may be concerned that children will take time away from work, particularly if you may get pregnant in the near future and take maternity/paternity leave, but they can’t legally ask you.

How long have you been working? How long before you retire?

Though an interviewer may be able to guess your age from your appearance, years of experience, or dates on your resume, they can’t ask any question that would lead you to indicate your age.

How often are you obligated to train with the Army Reserve?

Military status is another factor that employers cannot use to determine a candidate’s eligibility. Asking any question about your ongoing involvement in the military that doesn’t directly relate to your ability to do the job is off limits.

Do you belong to any clubs or organizations?

This question may seem subtle but an interviewer may use your answer to discriminate against you in a number of ways. For example, you might mention that you’re a member of a political organization or you attend a country club. None of that information likely relates to the position so it only gives the employer reasons to disagree with your beliefs and/or lifestyle and discriminate against hiring you.

Do you smoke/drink? Are you a healthy person?

Lifestyle choices like this may seem important to an employer but they can’t ask about them directly. Even if a certain level of fitness is required for the job, the most they can ask is something like “Are you physically capable of performing the duties this job requires?”.

Do you live nearby?

Your location isn’t something an employer can use when determining your hiring eligibility. They can ask you to confirm that you would be able to consistently come in at a certain time, or even ask if you would be willing to relocate if necessary, but they can’t ask you about where you live or how far you’d have to commute.