Table of Contents
- Illegal Job Interview Questions & How to Handle Them
- 1. “How old are you?”
- 2. “Are you married? Do you have kids?”
- 3. “Where are you from? What’s your nationality?”
- 4. “Do you have a disability or any medical conditions?”
- 5. “Are you pregnant or planning to have children?”
- 6. “What is your religion?”
- 7. “What’s your sexual orientation?”
- 8. “Have you ever been arrested?”
- 9. “What was your salary at your last job?”
- 10. “Do you drink alcohol or use drugs?”
- What to Do If You’re Asked an Illegal Question
- 1. Stay Calm & Professional
- 2. Decide If You Want to Answer
- 3. Document the Question
- 4. Report Discrimination
- When to Consult an Employment Lawyer
- Final Thoughts: Protect Your Rights During Job Interviews
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Navigating job interviews can be challenging, especially when faced with illegal questions that violate discrimination laws. This guide outlines common illegal job interview questions, explains why they're unlawful, and offers strategies for responding, ensuring you know your rights and when to consult an attorney near you.
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Discover how to handle illegal job interview questions and protect your rights. This guide covers common unlawful inquiries and offers professional responses to maintain your composure during interviews. If you face discrimination, find an experienced attorney near you to help you navigate the situation.
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Flat vector illustration of a job interview where an interviewer asks an uncomfortable, potentially illegal question. The candidate remains professional, with a thought bubble showing a red flag symbolizing a legal concern.
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Mar 29, 2025 04:27 PM
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Illegal Job Interview Questions & How to Handle Them
During a job interview, employers have the right to ask questions about your skills, experience, and qualifications—but some topics are off-limits. If an employer asks illegal interview questions, they may be violating federal and state discrimination laws.
Many job seekers don’t realize they can refuse to answer certain questions or that these questions could be used as grounds for discrimination if they don’t get the job.
In this guide, we’ll break down common illegal interview questions, why they’re unlawful, and how to handle them professionally.
💡 For every post in this series, scroll down to “Related Posts.”
1. “How old are you?”
Why It’s Illegal:
Under the Age Discrimination in Employment Act (ADEA), employers cannot discriminate against workers 40 years or older. Asking your age could be used to deny you the job based on age bias.
How to Respond:
“I’m fully capable of performing the job duties required for this position.”
“Age isn’t a factor in my ability to succeed in this role.”
💡 Tip: If age discrimination occurs, you can file a complaint with the EEOC.
2. “Are you married? Do you have kids?”
Why It’s Illegal:
Employers cannot discriminate based on marital status, family status, or pregnancy under Title VII of the Civil Rights Act. This question is often used to judge a candidate’s ability to commit to a job.
How to Respond:
“I prefer to keep my personal life separate from my work, but I can assure you my family situation won’t affect my job performance.”
💡 Tip: Some states have extra protections against marital status discrimination—check your state laws.
3. “Where are you from? What’s your nationality?”
Why It’s Illegal:
Under the Immigration Reform and Control Act (IRCA) and Title VII, employers cannot ask about national origin or citizenship status unless it directly relates to employment eligibility.
How to Respond:
“I’m legally authorized to work in the U.S.”
“I’d be happy to provide documentation after a job offer.”
💡 Tip: Employers can ask if you’re legally allowed to work in the U.S.—but they cannot ask where you were born.
4. “Do you have a disability or any medical conditions?”
Why It’s Illegal:
The Americans with Disabilities Act (ADA) prohibits employers from asking about medical conditions or disabilities before making a job offer.
How to Respond:
“I can perform all essential job duties with or without reasonable accommodations.”
💡 Tip: If an employer denies you a job based on a disability, they may be violating the ADA.
5. “Are you pregnant or planning to have children?”
Why It’s Illegal:
Under the Pregnancy Discrimination Act, employers cannot ask about pregnancy status or use it to make hiring decisions.
How to Respond:
“My focus is on my career, and I’m fully committed to succeeding in this role.”
💡 Tip: If you suspect pregnancy discrimination, contact an employment lawyer near you.
6. “What is your religion?”
Why It’s Illegal:
Title VII prohibits religious discrimination in hiring. Employers cannot ask about religion or use religious beliefs to make hiring decisions.
How to Respond:
“I’m confident my personal beliefs won’t interfere with my ability to do this job.”
💡 Tip: Employers must provide reasonable religious accommodations—but only after hiring.
7. “What’s your sexual orientation?”
Why It’s Illegal:
As of 2020, the Supreme Court ruled that discrimination based on sexual orientation or gender identity is illegal under Title VII.
How to Respond:
“I prefer to keep personal matters private, but I’m excited about this job opportunity.”
💡 Tip: If you believe an employer rejected you based on sexual orientation, you may have a legal case.
8. “Have you ever been arrested?”
Why It’s Illegal:
Under EEOC guidelines, employers cannot ask about arrests—but they can ask about convictions if they’re relevant to the job.
How to Respond:
“I have no criminal convictions that would affect my ability to perform this job.”
💡 Tip: Some states have “Ban the Box” laws, meaning employers cannot ask about criminal records until later in the hiring process.
9. “What was your salary at your last job?”
Why It’s Illegal (in Some States):
Many states prohibit salary history questions to prevent pay discrimination.
How to Respond:
“I prefer to focus on the value I bring to this role. My salary expectations are in the range of [$X–$Y].”
💡 Tip: If your state bans salary history questions, you don’t have to answer.
10. “Do you drink alcohol or use drugs?”
Why It’s Illegal:
Under the ADA, employers cannot ask about past drug or alcohol use unless it directly affects job performance.
How to Respond:
“I have no issues that would affect my ability to perform this role.”
💡 Tip: Employers can require drug tests for certain roles, but they cannot ask about past substance abuse.
What to Do If You’re Asked an Illegal Question
💡 If you’re asked an illegal question, follow these steps:
1. Stay Calm & Professional
Respond politely and redirect the conversation to your qualifications.
2. Decide If You Want to Answer
You can refuse to answer, but do so diplomatically to avoid conflict.
3. Document the Question
If you don’t get the job, keep a record of the illegal question in case you need to file a complaint.
4. Report Discrimination
If you believe the question led to job discrimination, file a complaint with:
- The EEOC (for federal violations) → EEOC Complaint Form
- Your state’s labor board (for state-specific violations)
When to Consult an Employment Lawyer
💡 You may need legal help if:
You were denied a job based on an illegal question.
You suspect discrimination during hiring.
An employer retaliated against you for refusing to answer.
An employment lawyer near you can help you file a claim and seek justice.
Final Thoughts: Protect Your Rights During Job Interviews
Knowing which job interview questions are illegal can help you spot discrimination and protect your rights. If an employer crosses the line, you have the power to redirect the conversation—or take legal action if necessary.
At ReferU.AI, we connect job seekers with top-rated employment lawyers near you. Our AI-powered system finds lawyers who specialize in hiring discrimination cases—so you get expert legal help fast.
Have you experienced job discrimination? Get legal advice today!
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