They can’t ask that. Can they? Find out in this guide to illegal interview questions. It shows the illegal job interview questions—the questions barred by the US EEOC (Equal Employment Opportunity Commission). Show
Not sure what questions not to ask in an interview? Don’t know the illegal employment questions from the legal questions? The last thing you want in an interview is to feel uncomfortable. If you know the inappropriate interview questions, you’ll answer legal ones with confidence. This guide will show you:
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There are exceptions. Sometimes the US government requires employers to ask about race, age, and other details. That can be for census data or affirmative action programs. Grey Areas for Illegal Job Interview QuestionsHeight, weight, citizenship, and similar concerns may count as inappropriate interview questions. It depends why the employer asks and how they use the info.
That covers all the topics for illegal questions to ask in an interview. For specific questions you can’t ask in an interview, scroll down. Pro Tip: Which of the following is inappropriate to ask on an employment application: (1) How old are you? (2) Do you have a disability? (3) What’s your race? Those are illegal employment questions under most conditions. But for affirmative action use, all of them are allowed. Want more interview tips to get hired faster? See our guide: 50+ Successful Interview Tips, Advice & Guidelines 2 58 Illegal Job Interview Questions in 2019It’s a fine line. There are dozens of questions you can’t ask in an interview, and hundreds more you can. Which is which? As a job seeker, how do you know when to talk, and when to zip it? The US EEOC lays ground rules for illegal questions an employer cannot ask. Generally it comes down to intent. If the question could be a discrimination tool, it’s out. Here are 58 illegal questions to ask in an interview. AgeThe Age Discrimination in Employment Act of 1967 protects job seekers over 40. Age questions not to ask in an interview include: Illegal Interview Questions:
Why does high school graduation date make the list of questions you can’t ask in an interview? It can show your age. Can Ask:However, How old are you? And What’s your birth date? are fine if it’s a legal requirement for the job. For example, if you may be under 18 or if you’ll work in a bar. Country of Origin / CitizenshipFor most employers, citizenship makes the list of illegal questions to ask in an interview. As long as the applicant’s paperwork is legal, hiring managers aren’t entitled to this info. Illegal
Can Ask
Pro Tip: Employers can ask about other languages if it’s a job requirement. (For example, translators or people who work with Spanish-speaking clients.) DisabilityMost inquiries about disabilities and medical conditions count as illegal interview questions. Employers are only allowed to ask, “Can you do the job?” Illegal
Can Ask
Gender / Gender Identity / OrientationIf the applicant’s gender is a bona fide occupational qualification, it can be asked about. Otherwise, these are questions you cannot ask in an interview as an employer: Illegal
However, employers can ask What’s your gender?—If it’s a proven job requirement. Marital or Family Status / PregnancyQuestions about pregnancy, plans for family, children, and child care are illegal job interview questions. Can an employer ask about your family? Nope. Illegal
Can Ask
Pro Tip: In some cases, even illegal interview questions can be legal. That’s if the question asks about a Bona Fide Occupational Qualification (BFOQ). Race / Color / EthnicityAn employer may need to ask about race for affirmative action programs. Otherwise, here are some examples of what not to ask in an interview: Illegal
However, What’s your race/ethnicity? Is okay for affirmative action programs, but never on the phone. If you’re an employer, get legal advice before you ask. ReligionReligious organizations can discriminate based on religion. For all others, inquiries about religion are questions you can’t ask in an interview. Illegal
Can AskHeight / WeightHeight and weight can tie into race. That’s why these are illegal interview questions. Illegal
Can Ask
Pro Tip: In very rare cases, a certain height/weight may be a necessary job requirement. Otherwise, height/weight is off limits. Financial InformationSome questions about financial status have been used to discriminate against minorities. However, if they don’t get at race, religion, national origin, sex, age, disability, or genetic information, these aren’t inappropriate interview questions. Illegal Interview Questions (if Used to Discriminate)
Can Ask
Unemployed StatusEmployers can ask about unemployed status if they don’t use it against certain races, ages, or other groups. Illegal
Can Ask
Pro Tip: Can you ask a person why they left their last job? Yes. Background Checks / Credit ChecksIf background checks aren’t used against a protected group, they’re not inappropriate interview questions. Illegal
Can AskMedical Questions & ExaminationsEmployers shouldn’t judge if someone with a medical condition can do a job. Medical queries are important questions not to ask in an interview. Illegal
Can Ask/Say
AddressEmployers can ask about your address, but they have to be careful. If they uncover your finances or family situation, these are illegal interview questions: Illegal
Can Ask
Arrest RecordAsking about arrest records can constitute illegal interview questions in some states. Illegal (In Some States)Can Ask
ConvictionsQueries about convictions are usually illegal questions an employer cannot ask. Exceptions are if the conviction is related to the job, or if the job is sensitive. Illegal
Can Ask
Pro Tip: Custodial jobs can be “sensitive” because they allow access to a facility. AvailabilityAvailability questions aren’t illegal interview questions according to the EEOC. That said, they can be illegal questions if they could be used to discriminate. Illegal
Can Ask
EducationThe EEOC doesn’t mention education in their list of questions not to ask in a job interview. Still, some education questions can uncover an applicant’s age. Illegal
Can Ask
Emergency ContactEmergency contact information isn’t on the list of illegal interview questions. Even so, employers shouldn’t ask it until after they hire. Illegal
Can Ask
Military ServiceMilitary service isn’t on the list of inappropriate interview questions. However, in most cases employers shouldn’t ask about the type of discharge. Illegal
Can Ask
OrganizationsEmployers can’t ask about non-professional organizations. If they do, it can be seen as asking about race, gender, age, etc. Here are some interview questions not to ask: Illegal
Can Ask
Personal InfoThere’s often nothing wrong with asking about other names. Some personal info can show family status, race, or other sensitive details. In those cases, these are illegal interview questions: Illegal
Can Ask
RelativesAsking about family status isn’t legal except when it bears directly on the job. Inquiries about conflicts of interest aren’t illegal questions to ask in an interview. Illegal
Can Ask
Pro Tip: Asking about family status can be a veil for age or race discrimination. Unless employers can prove a legitimate reason to ask, they shouldn’t. Need to get ready for the toughest legal interview questions? See our guide: 20 Situational Interview Questions and Answers to Nail Your Interview When making a resume in our builder, drag & drop bullet points, skills, and auto-fill the boring stuff. Spell check? Check. Start building a professional resume template here for free. When you’re done, Zety’s resume builder will score your resume and tell you exactly how to make it better. 3 What if They Ask Illegal Interview Questions?Ick. The employer asked illegal interview questions. Now you want a shower or at least to wash your hands. What do you do if the hiring manager asks illegal job interview questions? In most cases, change the subject, then look for a different employer. If you feel strongly about it you can report them. Before you reach for the phone, consider:
What Is the Most Effective Way to Handle an Illegal or Inappropriate Question During an Interview?When an employer asks inappropriate interview questions, take the following steps:
Pro Tip: Still not sure how to respond to illegal interview questions? You can always answer, then decide later if the hiring manager crossed a line. Need a job? Terrible at networking? Use informational interviews to strap on rocket boosters to your job search. See our guide: 15 Best Informational Interview Questions to Ask 4 Legal Interview QuestionsThe truth? Can you handle it? Employers can ask almost anything not in the list of illegal interview questions above. Here’s a list of common legal interview questions you may face: Legal Interview Questions ListPro Tip: If you get the interview, you’ll get most of the non-illegal interview questions above. Be ready. Come up with an answer for each, then rehearse. Want to be ready to answer the most common legal interview questions and land your dream job? Let our guide shine up your interview skills: Common Job Interview Questions and Best Answers Here’s a secret. Focusing on illegal interview questions won’t get you hired. Now that you know your rights, dive in and ace the interview. Here are a few tips to make employers follow you like a World Cup ball.
Pro Tip: Before you sit for the interview, take the time to make a brag list of your best achievements. They make the perfect answers to most legal interview questions. Now that you know how to handle illegal interview questions, do you need some legal ones to ask them? See our guide: 65+ Best Questions to Ask an Interviewer & Land Top Jobs [Proven Tips] Plus, a great cover letter that matches your resume will give you an advantage over other candidates. You can write it in our cover letter builder here. Here's what it may look like: See more cover letter templates and start writing. Key TakeawayHere’s a recap of our illegal interview questions guide:
Did we miss any questions not to ask during an interview? Perhaps a hiring manager demanded an answer to an inappropriate interview question? Give us a shout in the comments! We’d be happy to reply. |