Conducting a job interview is the most important part of the employment process. It’s your opportunity to distinguish the ideal candidate for a position from merely good candidates. Ask the right job interview questions and you should be able to pinpoint the person with the temperament, experience, skills, and qualifications for the job.
Ask the wrong questions and you could get fired and make your company the target of an Equal Employment Opportunity Commission (EEOC) lawsuit.
What makes so many seemingly innocuous questions illegal? In general, certain questions are deemed illegal in order to protect applicants from disclosing information that should not be held against them in consideration for a job. Health issues, arrests without convictions, and family planning are issues to avoid altogether, or walk gingerly around. These are the land mines of illegal interview questions.
What follows is a list of 50 illegal interview questions, categorized for your future reference. You’ll notice that some of the questions request information that is legal to glean in the job application process, but not during interviews. For others, you could
garner the same information by rephrasing
the question. For instance, you can ask whether a candidate is legally eligible for employment in the U.S., but not if the candidate is a U.S. citizen. There are gray areas, too; some questions are legal if they relate directly to the specific job qualifications. No doubt, these legal nuances cause confusion, hence the need for this list.
Print these questions, share them, memorize them, and avoid asking them at all costs:
Residence:
Where do you live?
What are the names of the people who live with you?
Do you rent or own your home?
Citizenship and Origination:
Are you a U.S. citizen?
Where did you live when you were growing up?
What country are you from?
What is your native language?
What is your ancestral heritage?
Race and Ethnicity:
What is your race/color?
What is your ethnic background?
Family:
What is your maiden name?
What is your spouse’s name?
What does your spouse do for a living?
Are you pregnant?
What is your marital status?
How many children do you have?
How old are your children?
Do you have children or plan to have them?
Who will take care of your children while you’re at work?
Could you get a babysitter on short notice?
Age:
What is your age/D.O.B.?
When did you graduate high school?
There is an age gap between you and your prospective colleagues. Will that be a problem?
When do you plan to retire?
Gender and Sexuality:
What is your gender?
Are you comfortable working for a male/female boss?
Religion:
What is your religion?
Will you need additional time off for religious holidays?
Health and Disabilities:
What is your height/weight?
Do you have a disability/handicap?
How long have you been disabled/handicapped?
What is the nature of your disability?
Do you have any health issues?
Have you experienced any serious illnesses in the past year?
Have you received worker’s compensation?
Affiliations:
Can you give me a list of organizations you belong to?
What is your political affiliation?
Education:
What was the nationality, racial, or religious affiliation of a school you attended?
Where did you learn to speak a foreign language?
Alcohol, Tobacco, and Drugs:
Have you used illegal drugs?
Do you drink?
Do you smoke?
Criminal Record:
Do you have any arrests without convictions?
Have you been involved in any court proceedings?
Have you been involved in any demonstrations?
Finance:
Are you in debt?
Are you financially stable?
Military:
What is your military history?
Have you served in a foreign military?
What was the reason for your military discharge?