6 Types Of Illegal Interview Questions To Watch Out For

Types of Illegal Interview Questions

Interview questions about your family life:

• Are you married?
• Do you have any kids?
• Are you pregnant?
• Who takes care of your kids while you're at work?
• Do you have childcare arrangements?
• Is your spouse okay with you working long hours?
• Does your family support your career goals?

Interview questions about race:

• What's your nationality?
• What race are you?
• Where are you from originally?
• What’s your ethnic background?
• Are you a U.S. citizen? (This is often a nuanced area—asking about work authorization is legal, but asking about citizenship/nationality can cross a line.)
• What language do you speak at home?
• Are you part of a minority group?

• What church do you attend?
• What is your religion?
• Are you religious?
• Do you pray at work?
• Will you need time off for religious holidays?
• Can you work on weekends/Sundays/Saturdays? (This can be legal if it’s asked of all candidates, but becomes problematic if it's targeting someone’s religion.)

• Do you own a home?
• Do you rent?
• Do you have an apartment?
• Do you have anybody living with you?
• Do you live with your parents?
• How long is your commute?
• What’s your ZIP code?
• Who do you live with?

• Are you male or female?
• What’s your gender?
• Are you transgender?
• What's your sexual orientation?
• Are you in a same-sex relationship?
• Are you gay or straight?

• How old are you?
• What's your birth year?
• When's your birthday?
• What year did you graduate from high school?
• What year did you graduate from college?
• How long have you been working?
• Are you planning to retire soon?
• Do you think you can keep up with a younger team?

Why These Interview Questions Are Illegal

So what makes these questions illegal?

First, they have no relation to the job requirements. Second, there are strict laws in place that prevent interviewers from asking interview questions that can be discriminatory. These laws exist to ensure fair hiring practices and to protect candidates from being judged on personal factors rather than professional qualifications. Questions about age, marital status, religion, or citizenship status can open the door to bias and are, therefore, off-limits.

If you're asked something that feels too personal, it's worth considering whether the question is appropriate—or even legal.

Why Interviewers Ask Illegal Interview Questions

Unfortunately, there are bad interviewers out there who will try to slip some of these questions in on purpose (hello, workplace discrimination). There are also some inexperienced interviewers out there who simply don't know these are illegal questions and are just trying to make conversation.

If you're asked these questions, whether intentionally or not, it's best to be prepared so you don't get flustered during the interview.

How To Prepare For Illegal Interview Questions

Sadly, these types of illegal interview questions are asked all of the time during interviews. Not sure how to prepare for them? We built an in-depth interview prep course (inside our community) that will help you understand how to respond to such questions.

We hope this article helps you identify any illegal questions you might be asked in a job interview. Good luck, and keep an eye out for those red flags!

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