In today’s hiring landscape, candidates prepare for tough questions about skills, experience, and company fit. But far too often, they also face illegal inquiries that cross into personal territory. Despite decades of anti-discrimination laws, recruiters continue to ask questions that should never grace the interview room.
Hiring boundaries that get crossed
Federal laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit discrimination based on race, sex, age (over 40), disability, religion, national origin, and pregnancy, among others. States often add layers of protection. Yet enforcement doesn’t stop intrusive questions from slipping through—sometimes casually, sometimes deliberately.
I spoke with Danielle Rivera, a marketing analyst from Chicago, who encountered multiple illegal questions while job-hunting early this year. One incident, in particular, stuck with her.
“The interviewer asked if I planned on having kids soon because the role ‘required long hours.’ I was stunned. I didn’t want to blow my shot, so I just laughed it off.”
Rivera’s experience isn’t uncommon. While some questions come from ignorance, others veil a clear intent to filter potential hires by personal circumstance. Below are the ten most frequently reported illegal interview questions still asked today—and why they cross the line.
The 10 illegal questions recruiters still ask
- Age: “How old are you?” or “What year were you born?”
Age-based inquiries can lead to discrimination against older candidates and are prohibited under the Age Discrimination in Employment Act (ADEA). [Source: EEOC] - Race or ethnicity: “Where are your parents from?” or “What’s your ethnic background?”
Questions that infer a person’s race or heritage breach Title VII of the Civil Rights Act. [Source: SHRM] - Marital or family status: “Are you married?” or “Do you have kids?”
Employers can’t use familial status to gauge commitment or flexibility. Asking about children or childcare is considered discriminatory. [See: ocs.yale.edu] - Religion: “What religion do you practice?” or “Do you need time off for religious holidays?”
Unless they directly relate to business necessity, religious inquiries are off-limits. [Source: Bridgespan] - National origin or citizenship: “Are you a U.S. citizen?” or “Where were you born?”
Recruiters may only ask if a candidate is legally authorized to work in the U.S. [Source: https://zety.com/blog/illegal-interview-questions] - Pregnancy or childbirth plans: “Are you pregnant?” or “Are you planning to have kids soon?”
These questions violate the Pregnancy Discrimination Act. Planning a family shouldn’t influence hiring decisions. [Source: aaronwallis.co.uk] - Sexual orientation: “Are you LGBTQIA+?”
Sexual orientation is a protected category under federal and many state laws. Any related inquiry is illegal. [Source: Preemploymentassessments.com] - Physical traits or health status: “How much do you weigh?” or “Do you have any disabilities?”
Unless job-related capabilities are in question, these queries violate the Americans with Disabilities Act (ADA). [See: UpCounsel] - Arrest history: “Have you ever been arrested?”
While questions about convictions may be allowed depending on context, asking about arrests is broadly prohibited. [Source: HRMorning] - Financial background: “Do you rent or own?” or “Are you in debt?”
Such questions can disproportionately screen out lower-income applicants without a valid job-related reason. [Source: Business Insider]
Why these questions persist
So why are these inquiries still happening? Some recruiters lack proper training. Others operate in small companies with no formal HR oversight. Occasionally, candidates report that even senior corporate interviewers have dropped these questions casually, suggesting cultural blind spots inside larger firms.
According to a 2025 survey by applicant tracking firm WorkCheck Analytics, 23% of respondents said they were asked about their age, and 18% reported family-related questions within the past 12 months.
Consequences for employers
Asking illegal questions not only damages a company’s reputation but can lead to discrimination lawsuits. The EEOC received over 73,000 discrimination charges in its most recent fiscal year. Settlements—especially involving pregnancy or age discrimination—can reach six figures, not counting legal fees. Even unfiled complaints often result in costly internal investigations and rehiring processes.
For candidates: how to respond
If an illegal question is asked, job seekers walk a tightrope. Confrontation might cost the offer; silence might come at a personal or ethical cost. Experts suggest three options:
- Answer briefly or vaguely if you feel safe doing so.
- Redirect gracefully: “I can assure you I’m fully committed to this role.”
- Question the relevance: “Can you help me understand how this relates to the position?”
Building compliant interview processes
To reduce legal risk, companies must train interviewers and standardize talk tracks. Tools like structured interviews—with vetted question lists—help ensure consistency and compliance. The U.S. Department of Labor offers resources (URL: www.dol.gov/agencies/ofccp/interviewing-guidelines) for employers serious about inclusive hiring.
What are some examples of legal interview questions that can replace illegal ones?
Instead of “What religion are you?”, ask “Are you available to work weekends?” Instead of “How old are you?”, ask “Are you over 18?” It’s legal to ask about skills, availability, and specific job functions—never identity-based details.
How can I politely address an interviewer who asks an illegal question?
Try redirecting: “I prefer to keep that aspect private, but I’m confident in my ability to perform in this role.” Or gently question its relevance: “I’m curious how that relates to my job responsibilities.”
What should I do if I feel uncomfortable answering an illegal interview question?
You have the right not to answer. Later, document the question and context. Consider reporting it to HR, the EEOC, or a state labor board if discrimination is suspected.
Are there any specific legal guidelines for asking about an applicant’s family status?
No direct questions are allowed. Employers may ask things like “Are you able to travel for this role?” or “Do you have any commitments that would prevent you from working overtime?”
How can I ensure that my interview process is compliant with all relevant laws?
Use standardized questions focused on performance. Get training through SHRM or the EEOC’s online modules. Avoid casual conversation that drifts into personal background.
