Legal and Illegal Interview Questions
Questions asked in an interview should focus on your qualifications for the job, not confidential personal matters. Federal and state laws help ensure you aren’t asked illegal questions. Reference the following questions to learn which are legal and illegal to ask as part of an interview process so you can know when you can exercise your right to decline to answer.
| Inquiry Area | Illegal Questions | Legal Questions |
| Age | • May not require an applicant’s age, date of birth, or for records to prove his/her age. • Year of graduation from high school. | • An employer may ask whether an individual meets the minimum age requirements set by law. “Are you over the age of 18?” is an appropriate question. |
| NationalOrigin/Citizenship | • Are you a U.S. Citizen? • Where were you/your parents born?• What is your “native tongue?” | • Are you authorized to work in the United States? |
| Race/Color | • All questions regarding a person’s race/color will be deemed illegal under state and federal laws. | None. |
| Religion | • Any question with regard to an applicant’s religious beliefs, denomination, or any questions that indicate religious customs or holidays observed. | • After an individual is hired, an employer may inquire about religious accommodations. |
| Marital/Family Status | • Are you married? • With whom do you live? • Do you plan to have a family? • What are your child-care arrangements? | • Would you be willing to relocate if necessary? • Would you be able and willing to work overtime as necessary? |
| Personal | • How tall are you? • How much do you weigh? | • Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job? |
| Disabilities | • Do you have any disabilities? • Please complete the following medical history. • How’s your family’s health? | • Are you able to perform the essential job functions? • Can you demonstrate how you would perform the following job-related functions? |
| Arrest Record | • Any inquiry in relation to arrests. Questions related to convictions prior to an applicant being offered a job interview or a conditional offer of employment. | • Inquiries into actual convictions which relate reasonably to ability to perform a particular job can be made once an applicant has been offered a job interview or a conditional offer of employment. |
| Military | • If you’ve been in the military, were you honorably discharged? | • In what branch of the Armed Forces did you serve? • What type of training or education did you receive in the military? |
During an interview if you are asked a question you feel uncomfortable answering or which violates your rights in the interview process, be prepared with a professional statement that helps you avoid answering and redirect the conversation, for example “That information isn’t pertinent to my ability to complete this role and I would prefer to focus on my qualifications for the job.”