8 Illegal Job Interview Questions Employers Must Avoid Asking

By Michael Thornton

April 23, 2025 at 07:52 PM

Employers are legally prohibited from asking certain personal questions during job interviews as they may lead to discrimination. Here are eight questions you have the right not to answer:

Two women having business conversation

Two women having business conversation

  1. Age
  • Employers cannot ask your age or birth date
  • They can only verify if you're over 18
  • The Age Discrimination in Employment Act protects workers 40 and older
  1. Marital Status
  • Questions about marriage status are illegal
  • This includes how you prefer to be addressed (Mrs., Miss, Ms.)
  • Cannot be used to determine job eligibility
  1. Citizenship
  • Cannot ask if you're a U.S. citizen during hiring
  • May only ask if you're authorized to work in the U.S.
  • I-9 forms can only be required after job offer
  1. Disabilities
  • Protected under Americans with Disabilities Act
  • Employers must provide reasonable accommodations
  • Questions about past illnesses or operations are prohibited
  1. Prescription Drugs
  • Cannot ask about prescription medication use
  • May ask about illegal drug use
  • Can inquire about previous workplace policy violations
  1. Religion
  • Questions about religious beliefs are prohibited
  • Employers must accommodate religious practices
  • Includes dress, grooming, and scheduling needs
  1. Race
  • Never permitted to ask about race or skin color
  • Protected under Civil Rights Act of 1964
  • Voluntary disclosure allowed only for affirmative action
  1. Pregnancy
  • Cannot discriminate based on pregnancy
  • Questions about family planning are prohibited
  • Can ask about ability to meet job requirements

How to Handle Illegal Questions:

  • Politely decline to answer
  • Ask how the question relates to job duties
  • Redirect conversation to relevant qualifications
  • Consider if the company culture is right for you

If you encounter persistent illegal questioning, you may report it to the Equal Employment Opportunity Commission.

Fast Facts:

  • 22 states and D.C. ban salary history questions
  • Employers must accommodate religious beliefs
  • Age discrimination protection starts at 40
  • Pregnancy discrimination protections apply to all stages

Remember: These protections exist to ensure fair hiring practices and prevent discrimination in the workplace. While some questions may be asked with innocent intent, they remain illegal and you have the right to decline answering them.

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