--- title: "Illegal Interview Questions: What Employers Should Not Ask (and What to Ask Instead) | The Staffing Guide" description: "Interview questions employers should not ask about age, family, religion, citizenship, disability or arrests, with EEOC guidance and safer alternatives." --- # Illegal Interview Questions: What Employers Should Not Ask (and What to Ask Instead) [Applying & Interviews](https://russellstaffinginc.com/category/applying-and-interviews/) Employers should not ask job applicants questions that reveal a protected characteristic and have nothing to do with the job: age or date of birth, religion, national origin, citizenship status, marital status, children or pregnancy plans, disability or health conditions, and family medical history. The EEOC says pre-employment questions should be limited to what is essential for deciding whether someone is qualified, and that questions about protected traits may be used as evidence of an intent to discriminate. You can, however, ask whether a candidate can perform the job’s essential duties, whether they are authorised to work in the United States, and about their skills and experience. This guide gives the safe alternatives for each risky question. ## The Principle Behind the Rules Federal law does not contain a single list of “banned questions.” What it bans is discrimination. The EEOC’s page on [prohibited employment policies and practices](https://www.eeoc.gov/prohibited-employment-policiespractices) explains why certain questions are dangerous anyway: information requested from applicants should be limited to what is essential for determining whether a person is qualified, information about race, sex, national origin, age and religion is irrelevant to that, and inquiries that reveal such traits “may be used as evidence of an employer’s intent to discriminate.” In other words, the question itself creates evidence. If you ask a candidate whether they have young children and then do not hire them, you have handed them a reason to believe the answer mattered, whatever your actual reasons were. State and local laws often go further, for example by restricting questions about salary history or criminal records. Always check the rules where the job is located. ## Risky Questions and Safer Alternatives | Avoid asking | Why | Ask instead (if job-related) | |---|---|---| | How old are you? What year did you graduate? | Age is irrelevant to qualification; federal law protects workers 40 and over | If there is a legal minimum age: “Are you at least 18?” | | Are you married? Do you have kids? Are you planning a family? | EEOC: frequently used to discriminate against women | “This role requires some weekend shifts. Can you meet that schedule?” | | What church do you attend? Do you observe any religious holidays? | EEOC: religious affiliation questions should be avoided | “The schedule is X. Are you able to work it?” | | Where were you born? Are you a US citizen? | National origin is irrelevant; EEOC says most employers should not ask about citizenship | “Are you legally authorised to work in the United States?” | | Do you have any disabilities? Have you been seriously ill? | Pre-offer disability inquiries are prohibited | “Can you perform the essential functions of this job, with or without reasonable accommodation?” | | Does heart disease run in your family? | Family medical history is genetic information | Do not ask | | Have you ever been arrested? | EEOC: an arrest alone is not grounds to refuse to hire | Follow federal, state and local rules on conviction questions and timing | ## Topic by Topic ### Marital status, children and pregnancy The EEOC’s guidance on [marital status and number of children](https://www.eeoc.gov/pre-employment-inquiries-and-marital-status-or-number-children) says these questions are frequently used to discriminate against women, and that asking them of only one sex is clearly discriminatory. Questions about pregnancy, marriage plans, children, child care and a spouse’s employment or name may be treated as evidence of intent to discriminate. If you genuinely need dependants’ details for insurance, collect them after an offer has been made and accepted. The legitimate concern behind these questions is usually availability. Ask about that directly, and ask every candidate the same way. ### Religion The EEOC’s page on [religious affiliation or beliefs](https://www.eeoc.gov/pre-employment-inquiries-and-religious-affiliation-or-beliefs) says employers should avoid questions about an applicant’s religious affiliation, including where or when someone worships or observes holidays, and should not ask for references from religious leaders. Organisations whose purpose is primarily religious have a limited exemption that lets them prefer members of the same religion; it does not extend to other characteristics. ### Citizenship and national origin The EEOC’s guidance on [pre-employment inquiries and citizenship](https://www.eeoc.gov/pre-employment-inquiries-and-citizenship) says most employers should not ask whether an applicant is a US citizen before making a job offer. Form I-9 and E-Verify checks are carried out after the candidate accepts an offer, not as a screening step. You may state on an application that all persons hired will be required to verify identity and eligibility to work. Federal law also prohibits rejecting valid documents or demanding extra ones based on citizenship or national origin. ### Disability and health The EEOC’s guidance on [pre-employment inquiries and disability](https://www.eeoc.gov/pre-employment-inquiries-and-disability) says the employer may not ask about the nature or severity of a disability before an offer. Pre-offer, you may ask whether the applicant can perform the job with or without accommodation, and whether they will need an accommodation to perform a specific job duty. After a conditional offer, disability-related questions and medical exams are allowed as long as everyone selected for the same job is asked the same questions or takes the same exam. ### Genetic information The EEOC’s page on [genetic information discrimination](https://www.eeoc.gov/genetic-information-discrimination) restricts employers from requesting, requiring or purchasing genetic information, and treats family medical history as genetic information. “Does diabetes run in your family?” is not a harmless icebreaker. ### Age The Age Discrimination in Employment Act protects people aged 40 or older, as the EEOC’s [age discrimination page](https://www.eeoc.gov/age-discrimination) explains. Questions like graduation year or “how many years until you retire?” invite an inference about age. Ask about relevant experience instead. If a job has a genuine legal minimum age, ask only whether the applicant meets it. ### Arrests and convictions According to the EEOC’s guidance on [arrest and conviction records](https://www.eeoc.gov/pre-employment-inquiries-and-arrest-conviction), an employer cannot refuse to hire people simply because they have been arrested, and a policy that excludes everyone with a conviction is likely discriminatory. Employers should consider the nature and seriousness of the offence, the time that has passed and the nature of the job. Many states and cities also limit when you may ask. Our guide to [background check requirements for new hires](https://russellstaffinginc.com/background-check-requirements-for-new-hires-what-employers-need-to-know/) covers the consent and timing rules. ## Don’t Forget the Job Advert The same EEOC page warns that it is illegal to publish a job advertisement that shows a preference for or discourages someone because of a protected characteristic. Its example is an ad seeking “females” or “recent college graduates,” which may discourage men or older workers. Review your wording before posting; our guide to [writing an effective job description](https://russellstaffinginc.com/how-to-write-an-effective-job-description-that-attracts-quality-candidates/) covers how to describe requirements precisely without coded language. ## Build a Structured Interview Instead The simplest protection is to ask every candidate for the same role the same core questions, written in advance and tied to the job’s requirements. Behavioural questions work well: “Tell me about a time you handled an angry customer,” or “Describe a shift where the plan fell apart.” Candidates are increasingly coached on this format; netmentors.com’s walk-through of [answering behavioural questions with the STAR method](https://netmentors.com/how-to-answer-behavioral-interview-questions-using-the-star-method/) shows what a well-prepared answer looks like, which helps you score responses consistently. Leave time for the candidate’s questions too. alljobboard.com’s list of [questions candidates are told to ask in an interview](https://alljobboard.com/interview-questions-to-ask/) is a good way to prepare clear, honest answers about pay, schedules and progression. Train everyone who interviews, including the shift supervisor who chats to candidates during a tour. Small talk is where many of the risky questions get asked. ## Frequently Asked Questions ### Is it illegal to ask a candidate’s age? Federal law prohibits age discrimination against people 40 and older rather than banning the question outright, but the EEOC says age is irrelevant to qualification and asking can be used as evidence of discriminatory intent. Some states go further. Ask only whether the candidate meets any legal minimum age. ### Can I ask if a candidate is legally allowed to work in the US? Yes. Asking whether someone is authorised to work in the United States is appropriate. The EEOC says most employers should not ask whether the applicant is a citizen, and Form I-9 is completed after an offer is accepted. ### Can I ask about a candidate’s health? Not before an offer. You may ask whether they can perform the job’s essential functions with or without accommodation. After a conditional offer, medical questions are allowed if everyone in the same job is asked the same questions. ### Can I ask whether a candidate has children if I ask everyone? It is still risky. The EEOC says these questions are frequently used to discriminate against women and may be treated as evidence of intent to discriminate. Ask about the schedule requirements instead. ### What if a candidate volunteers personal information? Do not follow up on it, do not note it, and steer back to job-related questions. Decisions must be based on qualifications. ### Related Articles 📄 [Are Unpaid Working Interviews Legal? What Employers Need to Know About Trial Shifts](https://russellstaffinginc.com/are-unpaid-working-interviews-legal/) Are unpaid working interviews legal? 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