You’re hiring. Great.
You’re asking illegal interview questions. Not so great.
Most employers don’t mean to cross the line in interviews. But intent doesn’t matter when the EEOC or a process server comes knocking. The law draws a pretty clear line around certain topics. And the moment you ask the wrong question, you’ve handed a candidate “Exhibit A” in their future discrimination claim.
Here are the obvious Do NOT ask questions:
❌ “Are you pregnant?”
❌ “Do you plan to have kids?”
❌ “What religion do you practice?”
❌ “How old are you?”
❌ “Do you have any disabilities?”
❌ “Are you married?” or “Is that your maiden name?”
But here’s where it gets trickier—the not-so-obvious (but still illegal or risky) questions:
🚩 “What year did you graduate?” (Age discrimination)
🚩 “Do you celebrate Pride Month?” (LGBTQ+ discrimination)
🚩 “Have you ever been arrested or convicted of a crime?” (Race discrimination)
🚩 “Who’s going to watch your kids while you’re at work?” (Gender and caregiver status discrimination)
🚩 “Is English your first language?” (National origin discrimination, unless fluency is essential to the job—and even then, phrase carefully)
🚩 “Are you a U.S. citizen?” (National origin discrimination)
🚩 “Have you ever filed a workers’ comp claim?” (ADA violation)
🚩 “We’re a young, energetic team—how would you fit in?” (Translation: “We don’t want older workers.”)
🚩 “Are you a digital native?” (Also age discrimination)
🚩 “Do you go to church in the area?” (Religious discrimination)
If a question reveals (or is designed to reveal) anything about a protected category—race, sex, religion, disability, age, national origin, genetic information, pregnancy status, LGBTQ+ status—don’t ask it.
Even small talk can be risky. That “friendly” pre-interview chat about someone’s accent, their kids, or what neighborhood they live in? It can easily veer into dangerous territory. If it’s not job-related, it doesn’t belong in the conversation.
What should you ask instead?
✅ “Tell me about your experience managing projects on a tight deadline.”
✅ “This role requires occasional weekend work. Are you available for that?”
✅ “This position involves lifting up to 30 pounds. Are you able to meet that requirement, with or without accommodation?”
✅ “Are you legally authorized to work in the U.S.?”
The bottom line: A great interview helps you hire a great employee. A bad one helps a rejected applicant build their discrimination case.
Train your interviewers. Use a script. Review your questions. Don’t wing it. Compliance is cheaper than litigation.
