Moneyzine
Contents
/Careers Guides/Illegal Interview Questions

Illegal Interview Questions

Moneyzine Editor
Author: 
Moneyzine Editor
2 mins
September 26th, 2023
Advertiser Disclosure

Definition

The term illegal interview questions refer to questions employers are not permitted to ask during an interview or as part of the job application process. Under the law, an employer cannot deny an individual employment based on their age, arrest record, color, disability, genetics, national origin, marital status, military service, pregnancy status, race, religion, sex (gender), or sexual preference.

Explanation

Also known as illegal interview topics, illegal interview questions are those that attempt to exclude a protected group employment. Starting with the Civil Rights Act of 1964, a number of state and federal laws seek to protect individuals from discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcement of civil rights law, in addition to providing employers with education and assistance on this topic.

Unless the question is clearly related to the qualifications, roles or responsibilities of the job, it is illegal to ask questions of a candidate that might reveal their age, arrest record, color, disability, genetics, national origin, marital status, military service, pregnancy status, race, religion, sex (gender), or sexual preference.

Example

The following types of questions are illegal to ask during an interview:

  • How old are you?

  • Have you ever been arrested?

  • Do you have a disability or health problem?

  • What is your native language?

  • Are you a citizen of the United States?

  • Are you married?

  • Are you currently a member of the military reserves or National Guard?

  • Are you pregnant? Do you have or plan to have children?

  • What religious holidays do you celebrate?

  • What is your sexual preference?

If job-related, the following may be acceptable questions to ask during an interview:

  • Are you age 18 or older?

  • Have you ever been convicted of a [specific, job-related] crime?

  • Are you able to perform all of the duties outlined in the job specification?

  • Which languages can you write, read, or speak fluently?

  • Are you authorized to work in the United States?

  • Are you able to work the schedule outlined in the job specification?

  • Are you able to work overtime / travel on short notice?

  • Do you have any commitments that require you to spend time away from work?

  • What are your long term career goals?

Note: Individuals conducting interviews should always seek the advice of a labor attorney when asking questions that may be perceived as excluding a protected group employment.

Related Terms

Related Content

Is It Worth Pursuing a Master's Degree?
In an era where education is synonymous with opportunity, many consider pursuing a Master's degree a surefire way to advance their careers. However, is it really the golden ticket to success we've been led to believe?
March 21st, 2024
The gender pay gap, the persistent disparity in average earnings between men and women throughout their careers, serves as a critical measure of wage inequality. This gap underscores the ongoing issue of income disparity, despite the ideal of equal pay for equal work.
March 14th, 2024
7 Essential Financial Moves After Losing Your Job
Navigating the stormy seas of job loss? You're not alone.
February 23rd, 2024
The Most In-Demand Skills to Get Hired in 2024
Every job requires a combination of vital skills, but what skillset is valued most in 2024? As the job market evolves, staying ahead means it’s key to understand and acquire the skills that employers value most.
February 20th, 2024
Key Productivity in the Workplace Statistics for 2024
In 2023, global employee engagement saw a slight uptick, with 23% of employees engaged, up by two percentage points. However, a sizable 59% are categorized as disengaged, while actively disengaged employees, known as "loud quitting," declined to 18%. These figures highlight the persistent challenge for organizations to cultivate happiness and productivity in the workplace.
January 31st, 2024

Contributors

Moneyzine 2024. All Rights Reserved.