Job interviews can be nerve-wracking, but when an interviewer asks questions that cross legal and ethical boundaries, it can make things even more uncomfortable. Surprisingly, illegal interview questions are still asked in many interviews — sometimes due to a lack of interviewer training or, in some unfortunate cases, intentional bias.
In the U.S., there are clear guidelines on what HR professionals should not ask during job interviews. These laws are designed to protect candidates from discrimination and ensure that hiring decisions are made based on qualifications and skills, not personal characteristics. However, these questions can slip through the cracks, often due to ignorance or a desire to make an unfair hiring decision.
In this article, we’ll break down five common illegal interview questions, why they’re problematic, and what you should do if you find yourself in this situation.
5 Illegal Job Interview Questions You Should Never Answer
1. What’s Your Age?
It might sound like an innocent question, but asking about a candidate’s age is illegal. Interviewers might ask this out of curiosity or based on assumptions about a candidate’s age, like whether they can keep up with technology or fit into a younger company culture.
For younger candidates, questions like “Are you even old enough to work?” can be belittling, while older candidates might face questions suggesting they won’t be able to keep up in a fast-paced environment.
What to Do:
If you’re directly asked about your age, gently guide the conversation back to your qualifications. For example, you could say:
“I’d prefer to highlight my skills and experience that directly relate to this role. I bring X years of experience in [your field], with a proven track record in [specific skills or achievements]. Let’s focus on how I can add value to your team.”
Additionally, you might want to consider removing your birthdate or graduation year from your resume to help minimize any potential age bias early on.
2. Are You Married?
It might seem like a casual question, but asking about marital status during an interview is illegal. Employers may be curious about your personal life or might assume that you could be distracted by family commitments, such as raising children or planning a wedding.
This question, while common in some industries, is none of the employer’s business and could lead to biased hiring practices based on assumptions.
What to Do:
If asked about personal matters, politely and confidently steer the conversation back to your qualifications. You could respond with something like:
“I prefer to keep personal details private, but I’m eager to discuss how my skills and experience align with the needs of this role.”
This approach maintains a professional tone while setting clear boundaries.
3. Do You Have Children?
Asking about children — or potential future children — is illegal in the context of a job interview. This question is often used to gauge whether a candidate will be committed to their work, assuming that candidates with children may have conflicting priorities.
Even if the question is posed in a casual, “getting-to-know-you” way, it’s still inappropriate. You’re there to talk about your skills and qualifications, not personal matters.
What to Do:
If asked about children or family life, it’s acceptable to say something like:
“I prefer to focus on my professional experience and the skills I can bring to the table. I believe my background in [specific skill or experience] will allow me to contribute meaningfully to your team.”
This method ensures the focus stays on the job-related discussion, while also respectfully setting a clear boundary.
4. Where Are You From?
This question is problematic because it can hint at a candidate’s ethnicity or national origin, both of which are protected under anti-discrimination laws. Asking “Where are you from?” or “What’s your accent?” is inappropriate, as it often ties directly to assumptions about your background.
Although this might seem like casual small talk, it can easily become discriminatory if it leads to judgments about race, culture, or immigration status.
What to Do:
A courteous and professional way to redirect the conversation might be:
“I’m very enthusiastic about this opportunity and would like to highlight my experience, which includes [mention key experience]. Let’s talk about how I can contribute to your team’s success.”
This approach helps steer the discussion back to your qualifications while avoiding uncomfortable or irrelevant topics.
5. What’s Your Religion?
Religion is one of the most strictly protected characteristics under U.S. employment law, meaning asking about religion during a job interview is illegal. Employers should not inquire about your religious practices or affiliations, such as asking if you attend church regularly or what holidays you observe.
While it might be tempting to ask about religion in the context of understanding company holidays, it is still important for interviewers to remain neutral and not let these personal matters influence their hiring decisions.
What to Do:
If this question arises, it’s important to remain calm and direct the conversation back to your qualifications:
“I believe my skills and experience in [specific area] make me a strong fit for this role, and I’d love to discuss how I can contribute to your team’s success.”
This ensures the interview stays centered on the key factor—your qualifications and ability to succeed in the role.
Illegal Interview Questions Red Flags
| Illegal Interview Question | Reason It’s Illegal | How to Respond | Action Steps for Candidates |
|---|---|---|---|
| What’s your age? | Age discrimination is prohibited by the Age Discrimination in Employment Act (ADEA). | Politely redirect by focusing on your experience: “I prefer to focus on my qualifications and how my skills align with this role.” | Remove birth date and graduation year from your resume. |
| Are you married? | Marital status questions are irrelevant to job performance and violate discrimination laws. | Reframe the conversation: “I prefer to keep my personal life private, but I’d love to discuss how my experience aligns with this role.” | Keep your personal life private unless necessary for job reasons. |
| Do you have children? | Questions about children can be seen as discriminatory based on gender or family status. | “I’d prefer to focus on how I can contribute to the company and meet the job’s demands.” | Keep the conversation focused on professional qualifications. |
| Where are you from? | This can lead to discrimination based on national origin or ethnicity. | Respond with: “I’m excited about the opportunity and would love to focus on my professional background, which aligns with your needs.” | Avoid revealing unnecessary personal or demographic details. |
| What’s your religion? | Questions about religion are not relevant to job performance and are discriminatory. | If the subject comes up, steer back to qualifications: “I’d like to focus on how my skills and experience can benefit your team.” | Document any incidents of discrimination and report if persistent. |
What to Do If You’re Asked Illegal Questions
If you encounter illegal questions in an interview, it’s crucial to stay calm and professional. Here are a few key steps to handle the situation:
- Redirect the Conversation: Steer the conversation back to your qualifications by politely emphasizing your relevant skills and experience. This is a great chance to showcase what you bring to the role.
- Know Your Rights: Be aware that if these questions become persistent, discriminatory, or uncomfortable, you are within your rights to politely end the conversation and leave the interview.
- Document the Incident: If you encounter inappropriate or discriminatory questions, take note of what was asked, who asked it, and the context. This information could be helpful if you choose to report the incident later.
- Report the Incident: If the behavior continues or you feel discriminated against, consider reporting the incident to the company’s HR department or filing a complaint with the Equal Employment Opportunity Commission (EEOC).
Ultimately, your qualifications should be the focus of any interview, not personal characteristics. If an interviewer oversteps, it’s a red flag about their workplace culture and could be a sign to move on.
Final Thoughts: Your Skills Matter Most
No matter what personal details interviewers may ask, it’s crucial to remember that your skills, experience, and qualifications are what truly matter. If faced with illegal questions, stay calm, maintain professionalism, and redirect the conversation to the value you can bring to the role. The right employer will recognize your expertise, and an interview should be about your potential to contribute to their organization — not your personal life.
What do you think? Have you ever experienced an illegal interview question? Share your thoughts in the comments below!
And if you found this article helpful, don’t forget to share it with your friends or colleagues who might be preparing for an interview.
If you’re interested in learning more about how to ace job interviews or need help with your resume, check out our other articles for expert advice!
❓ Frequently Asked Questions (FAQs)
- What questions are illegal to ask in a job interview?
Employers cannot ask about your age, marital status, children, religion, or nationality, as these are protected by anti-discrimination laws. - How should I respond to an illegal interview question?
Politely redirect the conversation to your qualifications by saying, “I prefer to focus on my skills and experience relevant to this role.” - Can I refuse to answer an inappropriate interview question?
Yes, you can choose not to answer and steer the discussion back to your professional qualifications. - What should I do if an interviewer asks illegal questions repeatedly?
Document the incidents and consider reporting them to HR or the Equal Employment Opportunity Commission (EEOC). - Are there any exceptions to what employers can ask in interviews?
Employers may inquire about age or marital status only if it’s directly relevant to the job requirements and complies with specific legal exceptions.