Illegal Interview Questions an Employer Cannot Ask [So Dont Answer!]

Illegal Interview Questions an Employer Cannot Ask [So Dont Answer!] They cant ask that.Can they?Find out in this guide to illegal interview questions. It shows the illegal job interview questions.Those are the questions barred by the US EEOC (Equal Employment Opportunity Commission).Not sure what questions not to ask in an interview? Dont 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, youll answer legal ones with confidence.This guide will show you:Legal vs illegal interview questions forbidden by the EEOC.Off-limits topics that spawn inappropriate interview questions.Hidden illegal questions an employer cannot ask that may seem harmless.What to do if an employer doesnt know what not to ask in an interview.1Illegal Interview Questions and TopicsReady for the short list of illegal interview questions?Weve got all the no-no topics here, including race, age, disability, and religion.Want more detail? The next section shows specific questions not to ask in an interview.Illegal Interview QuestionsIt is illegal to ask a candidate questions about their:Age or genetic informationBirthplace, country of origin or citizenshipDisabilityGender, sex or sexual orientationMarital status, family, or pregnancyRace, color, or ethnicityReligionThere 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.Height/WeightFinancial InformationUnemployed StatusBackground ChecksCitizenshipMedical Questions ExaminationsThat covers all the topics for illegal questions to ask in an interview. For specific questions you cant ask in an interview, scroll down.Pro Tip: Which of the following is inappropriate to ask on an em ployment application: (1) How old are you? (2) Do you have a disability? (3) Whats 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 Guidelines258 Illegal Job Interview Questions in 2019Its a fine line.There are dozens of questions you cant 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, its 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:When were you born?How old are you?Whats your birth date?What year did you graduate high school?Why does high school graduation date make the list of questions you cant ask in an interview? It can show your age.Can Ask:However, How old are you? And Whats your birth date? are fine if its a legal requirement for the job. For example, if you may be under 18 or if youll 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 applicants paperwork is legal, hiring managers arent entitled to this info.IllegalAre you a U.S. citizen?Where were you born?Whats your background?Can you send your birth certificate?How did you learn Spanish?Are your parents from the US?Can AskAre you legally allowed to work in the US?Can you read, write, and speak in English?Do you have any other names?If we hire you, can you show proof of citizenship?Pro Tip: Employers can ask about other languages if its a job requirement. (For example, translators or people who work with Spanish-speaki ng clients.)DisabilityMost inquiries about disabilities and medical conditions count as illegal interview questions. Employers are only allowed to ask, Can you do the job?IllegalAre you disabled?Have you ever had a workplace injury?Have you ever filed a claim for workers comp?Do you have a medical condition that would prevent you from doing this job?Can AskCan you perform all the duties in the job description?Gender / Gender Identity / OrientationIf the applicants 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:IllegalWhats your gender?Whats your sex?M/F?Whats your sexual orientation?How do you identify?Have you had transition surgery or treatments?However, employers can ask Whats your gender?If its 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 as k about your family? Nope.IllegalAre you married?Do you have children?Are you single?Whats your marital status?Can AskCan you perform the duties in the job description?Nothing else! Not even if an applicant is obviously pregnant.Pro Tip: In some cases, even illegal interview questions can be legal. Thats 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:IllegalWhats your race?Whats your color?Whats your ethnic background?What nationality are you?However, Whats your race/ethnicity? Is okay for affirmative action programs, but never on the phone. If youre an employer, get legal advice before you ask.ReligionReligious organizations can discriminate based on religion. For all others, inquiries about religion are questions you cant ask in an interview.IllegalAre you religious?What religion are you?Whats your denomination?Whos your pastor?Can AskNothing!Height / WeightHeight and weight can tie into race. Thats why these are illegal interview questions.IllegalHow much do you weigh?How tall are you?Can AskCan you do all job duties listed in the job description?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 dont get at race, religion, national origin, sex, age, disability, or genetic information, these arent inappropriate interview questions.Illegal Interview Questions (if Used to Discriminate)Do you own a car?Do you own or rent your home?Are you in debt?Can AskIf owning a car is part of the job, employers can ask: Do you own a car?Unemployed StatusEmployers can ask about unemployed status if they dont use it against certain races, ages, or other groups.IllegalWhen did you enter t he workforce? (This can hide age discrimination.)Can AskWhats your current salary? (In some states)How long have you been unemployed? (Okay if they reject all candidates based on unemployed status.)Pro Tip: Can you ask a person why they left their last job? Yes.Background Checks / Credit ChecksIf background checks arent used against a protected group, theyre not inappropriate interview questions.IllegalDo you own or rent your home?Do you have a bank account?Have you declared bankruptcy?Have your wages been garnished?(Using background checks to discriminate by age, race, religion, medical condition, etc.)Can Ask(Background checks are legal.)(For credit checks, check the Fair Credit Reporting Act and the Consumer Credit Reporting Reform Act.)Medical Questions ExaminationsEmployers shouldnt judge if someone with a medical condition can do a job. Medical queries are important questions not to ask in an interview.IllegalDo you have a disability?How did you lose your leg/arm?Can Ask/SayH ow will you do the job functions?The job is conditional on passing a medical exam. (If all other applicants take the same exam).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:IllegalDo you rent or own your home?Who do you live with?What relation to you are the people you live with?Can AskWhats your address?How long have you lived at that address?Whats your previous address?How long did you live at your previous address?Arrest RecordAsking about arrest records can constitute illegal interview questions in some states.Illegal (In Some States)Have you been arrested?Can AskHave you been arrested? (In some states, or if applying to a law enforcement agency)Have you been arrested? (If the arrest is directly related to the job title. For example if you were arrested for embezzling at your last CPA job and youre applying to a CPA position.)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(Any questions about convictions not directly related to the job)Can Ask(Questions about convictions for sensitive or related job openings.)Pro Tip: Custodial jobs can be sensitive because they allow access to a facility.AvailabilityAvailability questions arent illegal interview questions according to the EEOC. That said, they can be illegal questions if they could be used to discriminate.IllegalCan you work weekends? (Could be seen as asking about religion)Can you work nights? (Illegal if the employer only asks women)Can AskWhat days can you work?Can you travel for work?Do you have reliable transportation to work?EducationThe EEOC doesnt mention education in their list of questions not to ask in a job interview. Still, some education questions can uncover an applicants age.IllegalWhen did you graduate? (Age discrimination)Can AskDo you have a high school degree or GED?What school did you go to?What degree do you hold?Emergency ContactEmergency contact information isnt on the list of illegal interview questions. Even so, employers shouldnt ask it until after they hire.Illegal(Cant ask until after the applicant is hired. May reveal sexual orientation or national origin.)Can Ask(Okay to ask after applicant is hired)Military ServiceMilitary service isnt on the list of inappropriate interview questions. However, in most cases employers shouldnt ask about the type of discharge.IllegalWhy were you discharged from the military?Were you in a foreign military service?Can AskWhat training/experience did you receive that relates to this job?Why were you discharged (if the job requires a security clearance.)OrganizationsEmployers cant 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:IllegalWhat fraternity were you in?Are you in the local country club?Can AskAre you in any professional associations/organizations?Personal InfoTheres 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:IllegalWhats your maiden name?Have you changed your name?Can AskHave you worked for us before under a different name?RelativesAsking about family status isnt legal except when it bears directly on the job. Inquiries about conflicts of interest arent illegal questions to ask in an interview.IllegalCan you give the names of any relatives who work for our competition?Can AskDo you have relatives working for our competition?Do you have relatives work for us? What are their names?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 shouldnt.Need to get ready for the toughest legal interview questions? See our guide: 2 0 Situational Interview Questions and Answers to Nail Your Interview3What 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:Most illegal interview questions are asked innocently.Many employers are ignorant about inappropriate interview questions.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:Decide whether you want to answer. You dont have to answer illegal employment questions.Know that the employer cant retaliate if you lie to answer illegal job application questions. (That violates your civil rights.)Get a written copy of th e question. If you cant, write it down and save it.If you decide to report the employer, contact the EEOC office near you.If you still want the job despite the red flags, dodge the question or answer it. Either way, move on.If they hire you, keep a copy of any discriminatory interview questions. If youre fired later, you may have a legal claim.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 Ask4Legal Interview QuestionsThe truth?Can you handle it?Employers can ask almost anything not in the list of illegal interview questions above.Heres a list of common legal interview questions you may face:Legal Interview Questions ListTell me about yourself.Why should we hire you?Describe what you do in your current position.W hy did you leave your last job?What is your greatest strength?What is your greatest weakness?Why do you want this job?Where do you see yourself in 5 years?What is your management style?Do you have any questions for me?What are your salary requirements?Pro Tip: If you get the interview, youll 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 Answers5How to Ace an InterviewHeres a secret.Focusing on illegal interview questions wont 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.Research the company and use their products or services. Check them out in Glassdoor.Prep for their legal interview questions. Check the section above for the ones youll face. Bring your own interview questions to ask them. Theyll ask, Do you have any questions for us? Asking the right ones can get you hired.Check your online presence. One offensive joke on Twitter from ten years ago can wreck you. It happened to James Gunn.Use the STAR method for behavioral interview questions. Answer with a Situation, Task, Action, and Result.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]Key TakeawayHeres a recap of our illegal interview questions guide:You dont have to answer illegal interview questions forbidden by the EEOC.Use the general list of inappropriate interview questions topics above to know the questions you cant ask in an interviewWhat not to ask in an in terview comes down to intent. Generally, if it can be used to discriminate, its off limits.If an employer asks illegal employment questions, you dont have to answer. If you feel they discriminated, you can contact the EEOC.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! Wed be happy to reply.