Illegal interview questions to avoid
US federal rules as of 30 Oct 2026. State and local laws add further limits.
Federal law does not publish a list of illegal interview questions. It bars employment decisions based on race, colour, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40+), disability and genetic information. Avoid questions that ask about those topics: they are risky because they can be used as evidence of discrimination.
At a glance
- The risk is the topic, not the exact words.
- Ask only what relates to doing the job.
- Many states add protected classes and ban salary-history questions.
- Training interviewers matters: one casual question can create a claim.
Questions to avoid, and what to ask instead
| Topic | Risky question | Safer, job-related alternative |
|---|---|---|
| Age | "How old are you?" "When did you graduate?" "How long until you retire?" | "This role needs [SKILL]. Tell me about your experience." If a legal minimum age applies to the job: "Are you at least [age] years old?" |
| Family / pregnancy | "Are you married?" "Do you have kids?" "Are you planning to have children?" | "This role needs [SCHEDULE / TRAVEL]. Can you meet those requirements?" (asked of everyone) |
| Disability / health | "Do you have any health problems?" "Have you ever filed a workers' compensation claim?" | "Can you perform the essential functions of this job, with or without reasonable accommodation?" |
| Race / colour / national origin | "Where are you really from?" "What is your native language?" | "Are you authorised to work in the US?" and, if job-related, "This role requires fluent [LANGUAGE]. Can you work in it?" |
| Religion | "What church do you attend?" "Do you celebrate [HOLIDAY]?" | "This role needs [SCHEDULE]. Can you work it?" |
| Citizenship | "Are you a US citizen?" "Where were your parents born?" | "Are you legally authorised to work in the US? Will you now or in future need sponsorship?" (Ask all candidates, in the same way.) |
| Arrests / convictions | "Have you ever been arrested?" | Follow ban-the-box rules; if lawful to ask, only convictions relevant to the job, after a conditional offer in many places. See background checks. |
| Gender identity / orientation | "Are you married to a man or woman?" "Is that your real name?" | "What name would you like us to use?" |
| Salary history | "What do you earn now?" | "The range for this role is $[MIN] to $[MAX]. Does that fit your expectations?" See pay transparency laws. |
| Military | "What type of discharge did you receive?" | "What skills did you gain in service that relate to this role?" |
| Financial | "Do you own your home?" "Have you been bankrupt?" | Not relevant unless a specific rule applies. |
| Genetic | "Is there family history of illness?" | Do not ask. GINA prohibits it. |
Why is "casual conversation" a problem?
Small talk ("Do you have kids?") often feels harmless. If you then reject the candidate, the question can be read as evidence the decision involved a protected trait. Keep chat to neutral topics, and keep notes job-related.
What if the candidate volunteers it?
Do not follow up on it. Redirect: "Thank you. Let's focus on how your experience fits the role." Do not record it in notes, and do not let it influence the decision.
Can I ask about disability at all?
Before an offer, the ADA restricts disability-related questions. After a conditional offer, medical questions are allowed if asked of all entering employees in that job category. Details are in the EEOC guidance. You may describe the job's essential functions and ask if the candidate can do them with or without accommodation.
What about asking about work authorisation?
You must verify authorisation using Form I-9 after hire. Before that, you may ask whether the candidate is legally authorised to work and whether they will require sponsorship, as long as you ask everyone. Avoid asking for specific documents before an offer, and avoid asking only people who "look foreign". The Form I-9 timing rule is in 8 CFR 274a.2 (https://www.law.cornell.edu/cfr/text/8/274a.2).
Copy-paste: interviewer reminder card
BEFORE EVERY INTERVIEW
- I ask the same questions as for other candidates.
- I ask about the job, not the person's family, age, health, religion, origin or background.
- If a candidate shares personal details, I do not follow up or write them down.
- I write down evidence of skills only.
- Salary: I give the range; I do not ask for past pay.
- Unsure about a question? I skip it and ask HR/counsel.FAQ
Is it illegal to ask "Tell me about yourself"? No. It is open-ended and fine, but be ready to steer away from protected details.
Can I ask about gaps in employment? Yes, if you ask everyone and keep to work and skills. Do not ask whether the gap was for pregnancy, illness or family.
Do these rules apply to recruiters and agencies? Yes, anyone acting on your behalf can create liability for you.
Are the rules the same outside the US? No. This page covers US federal law. India and other countries have different rules; see our India hiring guide.
Next step
Use fixed questions from our question bank and record answers on a scorecard.
Related guides
Sources
- EEOC, Prohibited Employment Policies/Practices: https://www.eeoc.gov/prohibited-employment-policies-practices
- EEOC, Enforcement Guidance on Preemployment Disability-Related Questions and Medical Examinations: https://www.eeoc.gov/enforcement-guidance-preemployment-disability-related-questions-and-medical-examinations
- EEOC, Age Discrimination: https://www.eeoc.gov/age-discrimination
- EEOC, Pregnancy Discrimination: https://www.eeoc.gov/pregnancy-discrimination
- EEOC, Arrest and Conviction Records: https://www.eeoc.gov/arrest-and-conviction-records
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.