Questions Employers Cannot Ask During an Interview

By Dan Darabaris

In your zest for finding the right candidate for your team, don’t lose sight of compliance. It is important that whoever is doing the interviewing knows what they can and cannot ask the candidates. There are topics you should just not broach. That is a question employers should definitely avoid. Not knowing what you can and cannot ask during an interview could open your organization up to a discrimination lawsuit and investigation by the EEOC. Let’s break down what is illegal to ask, along with the gray areas.

Illegal Interview Questions

When interviewing, it is illegal for employers to directly ask about:

• Age
• Gender
• Sex or Sexual Orientation
• Citizenship
• Birthplace or Country of Origin
• Marital Status, Family or Pregnancy
• Race, color or ethnicity
• Religion
• Disability

It is important to point out a caveat here, as sometimes the government may require employers to ask about race, age, and other information for census data purposes or affirmative action programs.

Gray Areas

Now let’s get into the fine line of questioning. There are many questions you can’t ask, and there are other related questions that you can ask about. Knowing the nuances is critical. The following examples should help clarify this.]

Age

Can’t Ask:

• What year were you born?
• What’s your birth date?
• How old are you?
• When did you graduate high school?

Can Ask:

• If age is directly related to the job, such as working in a bar, you are allowed to ask about the candidate’s age – for example, are you at least 21 years old…

Citizenship or National Origin

Can’t Ask:

• Are you a U.S. citizen?
• What country are you from?
• What country are your parents from?
• Where were you born?
• Can you provide a birth certificate?
• What’s your background?
• How did you learn (a specific language)?

Can Ask:

• Are you legally eligible to work in the U.S.?
• If we hire you, are you able to show proof of citizenship/visa/alien registration?
• Can you speak, read and write English?

Race/Color/Ethnicity

Can’t Ask:

• What is your race?
• What is your nationality?
• What is your color?
• What is your ethnic background?

Can Ask:

• No gray area here!

Marital/Family Status

Can’t Ask:

• Are you single?
• Are you married?
• Do you have any children?
• Do you have plans to start a family?
• Are you pregnant?

Can Ask:

• Can you perform the duties of this position?
• Can you work overtime if needed?
• Can you travel on short notice?

Religion

Can’t Ask:

• What religion do you practice?
• Are you religious?
• Who is your pastor?

Can Ask:

• No gray area here!

Disability

Can’t Ask:

• Do you have a disability?
• Have you ever been injured in the workplace?
• Have you ever filed a worker’s compensation claim?

Can Ask:

• Can you perform the duties as outlined in the job description?

Height and Weight

Can’t Ask:

• How tall are you?
• How much do you weigh?

Can Ask:

• Can you perform all the duties as outlined in the job description?

Financial Information

Can’t Ask:

• Do you own or rent your home?
• Do you own a car?
• Do you have any debts?
• Do you have a bank account?
• Have you ever declared bankruptcy?
• Have your wages ever been garnished?

Can Ask:

• If owning a car is required for the position, you can ask if the candidate owns a car.

Work Availability

Can’t Ask:

• Don’t directly ask about weekend work, as this can be tied to inquiries about religion. 
• Don’t ask about evening work, as this can be tied to questions about childcare.

Can Ask:

• What days and shifts are you available to work?
• Are there any responsibilities that would prevent you from traveling for work?
• Do you have reliable transportation for work?

Arrests

Can’t Ask:

• This is a very gray area. Do not ask questions about arrests if it is not directly related to the position. Know the law in your state, as some states do not allow you to ask about arrests. 

Can Ask:

• You can ask about arrests if it is directly related to the position, but this is definitely a gray area.

Convictions

Can’t Ask:

• Don’t ask questions about convictions that are not related to the role or for roles that are not security related.

Can Ask:

• You can ask about convictions if the position is a security sensitive one – working with large sums of money, working unsupervised.

Personal Information

Can’t Ask:

• Did you belong to a sorority/fraternity?
• Did you ever change your name?
• What is your maiden name?

Can Ask:

• Are you a member of any professional organizations?

Salary History

Many states are adopting bans on asking about a candidate’s salary history. Please make sure you know your state’s laws on salary history questions, and when they are or are not permissible.

Hopefully this list helps clarify what employers cannot ask while interviewing a job candidate.

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