How to Spot an Illegal Interview Question and What to do When You Encounter One
- Amy Leighton
- Mar 25
- 2 min read
Since the interview process is intimidating, it may be challenging at times to remember what rights you have in the process.
In fact, it’s actually illegal to ask you certain types of questions during an interview. Knowing what these questions are empowers you to protect your rights in the process. Here are a few things to look out for to know what’s not allowed and what to do if you do get asked this type of question.
Your age. In general, it is illegal to ask you how old you are.
An exception to this rule is when your job requires you to be above a certain age to perform the duties. Still, an employer is not allowed to directly ask you your age, when you were born, or any qualifying question that results in knowing your age like when you graduated from high school. They can ask if you are the minimum age for the working hours, and they are allowed to ask for verifying information like a birth certificate after hiring.
If you have a disability.
Sometimes disabilities are obvious and at times they are invisible. Regardless, an employer is not allowed to ask you about them. Direct questions about your medical history or if the condition you have (if it’s obvious) will affect your ability to work is a no-no. They can ask if you can perform specific duties that are job-related and ask about your medical history for insurance, but this is after you are hired. The federal law Title VII of the Civil Rights Act of 1964 against employment discrimination includes medical conditions.
If you are married or have kids.
Asking questions about your personal life are not allowed because an employer may discriminate against you based on if they think your commitments may interfere with your work life. So, they aren’t allowed to inquire about how many children you have, if you plan to have children, or if you have a maiden name. They can ask you if there is any reason you can’t begin working at an early hour or if you can work overtime. They can also ask for your marital status on various forms, but that is only after they bring you in for orientation after hiring. This is also covered under the Title VII of the Civil Rights Act of 1964.
Since we are in a politically-charged environment, you may run into questions about your political affiliation. 5 U.S. Code 2302 – Prohibited personnel practices specifically spells out that discriminating against you because of where you fall politically is not allowed. Questions you are asked need to stay specific to the job you’re applying for. Even though you’re bound to be nervous, stay on your toes for any of these questions that may be illegal. If you are asked an illegal question, defer the best you can, and if needed, file a complaint with the Equal Employment Opportunity Commission (EEOC).
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