Various federal and state laws affect what questions employers may ask during job interviews. These laws are designed to prevent employment discrimination.

Here are some questions that you should NOT ask in most cases. There are many more, some of which depend on what state or locality you are in because laws differ.

Prohibited Questions

Age

• How old are you?
• What is your date of birth?
• When did you graduate high school?

Disability

• Do you have a disability?
• Have you ever had a drug or alcohol problem?
• Have you ever been treated for any diseases?

Family

• Are you married?
• Do you have kids? Plan to?
• Are you pregnant?
• Do any of your family members have any serious medical conditions?

Race/National Origin

• What race do you identify with?
• What country are you from?
• Where were your parents born?
• What is your native language?

Religion

• What church do you go to?
• Do you pray?
• Do you observe any religious holidays?

Permissible Questions

By contrast, here are some questions that employer generally may ask, if relevant, during job interviews:

• Are you 18 years or older?
• Have you ever been convicted of a crime?
• Does your spouse work here?
• Are you eligible to work in the United States?
• What schools did you attend?
• What degrees or certifications have your earned?
• Do you speak (language used in job)?
• How long have you lived in this area?

Subtle Differences Matter

In some cases, the precise wording of the question makes all the difference.

For example, it’s okay to verify that someone is old enough to work, but not acceptable to ask how old they are. However, if it is clear that the person is still young enough that availability to work may depend on their precise age, then asking the age directly may be okay. This would usually only apply to the youngest workers, where child labor laws apply.

Similarly, most questions about a candidate’s family situation are risky. They could fall under various protected categories, including sex, disability, genetic information, religion, etc. However, employers can ask during job interviews whether the candidate has any family members that already work at the company. Some employers even have anti-nepotism policies or other restrictions on multiple family members working together. Such rules usually do not violate any laws if applied consistently.

Job Interviews Should Focus on Ability To Do the Job

The best way to avoid asking a problematic question during a job interview is to focus solely on ability to perform the job.

Obviously, there are many different jobs, so there is no single right way to interview candidates. But all interviewers should try to ignore age, sex, race, national origin, religion, etc. That doesn’t mean they can completely overcome stereotypes, subtle biases, etc. But at least they need to keep that off the table during job interviews.

Check for Discriminatory Impact

Especially where a relatively large number of employees are hired into similar positions, hiring decisions can be reviewed statistically to see if there are any discriminatory trends. If a disproportionate number of applicants of a certain race, sex, or age are being hired into the company or particular jobs, then further analysis may be warranted. In some cases, this may show that certain interviewers are asking the wrong questions.

Smaller employers or those with less turnover can’t test for statistical significance as reliably. But since there are relatively few positions, it is easier to look at each hiring decision specifically to check whether any potential discrimination has filtered in to the job interviews.

Most often, even if an interviewer has crossed the line by asking an inappropriate question, no significant harm will occur. Counsel the interviewer on the error and instruct them how to avoid making the same mistake in the future.

If, however, an applicant or employee does make a discrimination complaint, then make sure you respond appropriately. For starters, read my article on Responding to Discrimination Complaints.