Five Job Interview Questions That Are Illegal And How To Handle Them

Job interviews are a standard part of the hiring process, but not all questions asked by employers are fair or even legal. Some inquiries cross the line into discrimination, violating labor laws meant to protect candidates from bias based on personal factors unrelated to their job performance.

Understanding which questions are illegal and how to respond professionally can help job seekers navigate tricky interviews while protecting their rights. Below, we discuss five common illegal interview questions and provide expert advice on how to handle them.

1. “What is your marital status? Are you planning to have children?”

Employers may ask about marital status or family planning under the guise of assessing work-life balance. However, this question is illegal under the Civil Rights Act of 1964, as it can be used to discriminate based on gender or family responsibilities.

How to Handle It: If asked this question, you can redirect the conversation back to your qualifications. A response such as, “I’m fully committed to my career and excited about the opportunity to contribute to this company. Can you tell me more about the role’s expectations?” keeps the discussion professional and focused.

2. “What is your age?”

Asking about a candidate’s age directly or indirectly (e.g., “What year did you graduate?”) can be considered age discrimination under the Age Discrimination in Employment Act (ADEA), which protects workers 40 and older from bias.

How to Handle It: A tactful way to respond is, “I bring a wealth of experience and a strong work ethic to the table. My background aligns well with the responsibilities of this position.” This keeps the conversation centered on your skills rather than your age.

3. “What is your religious affiliation?”

Questions about religion are strictly prohibited under Title VII of the Civil Rights Act. Employers may ask this question to gauge availability for work schedules, particularly if the job involves weekend shifts, but direct inquiries into religion are not allowed.

How to Handle It: If confronted with this question, you can steer the discussion toward job-related concerns by saying, “I am available to meet the job’s scheduling requirements. Can you tell me more about what the schedule entails?” This approach deflects the question while addressing the employer’s underlying concern.

4. “Do you have any disabilities or medical conditions?”

Under the Americans with Disabilities Act (ADA), employers cannot ask about medical conditions or disabilities unless it is directly related to job performance. Instead, they may ask if a candidate can perform specific job duties with or without accommodations.

How to Handle It: If asked about your health, you can say, “I am confident in my ability to perform the essential functions of this job. Are there specific duties you’d like me to elaborate on?” This ensures the employer assesses your qualifications rather than your medical history.

5. “What is your nationality or citizenship status?”

While employers can ask if a candidate is authorized to work in the U.S., they cannot inquire about nationality, citizenship, or native language, as this can lead to discrimination under the Immigration Reform and Control Act (IRCA).

How to Handle It: A simple way to answer is, “I am legally authorized to work in the United States.” This keeps your response professional while affirming your eligibility for employment.

What to Do If You Face an Illegal Question

While most interviewers are well-trained in fair hiring practices, mistakes or intentional bias can still occur. Here are steps to take if you encounter an illegal question:

1. Remain Calm and Professional: Avoid reacting emotionally. Instead, deflect the question and steer the conversation toward your skills and experience.
2. Redirect the Conversation: Politely decline to answer and refocus on your qualifications. For example, if asked about age, respond with, “I have extensive experience that makes me a strong candidate for this role.”
3. Determine the Intent: Some employers may ask illegal questions without realizing it. If you feel comfortable, you can ask for clarification: “Are you asking about my ability to meet job requirements?”
4. Know Your Rights: If you feel you were denied a job due to an illegal question, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board.

Final Thoughts

Illegal interview questions can create uncomfortable situations for job seekers, but knowing how to navigate them professionally can help protect your rights and keep the interview on track. Employers should focus on skills, experience, and qualifications rather than personal details unrelated to job performance. If you ever find yourself in a situation where an inappropriate question is asked, use the strategies above to maintain control of the conversation and advocate for yourself effectively.

Being prepared and informed empowers you to handle any interview situation with confidence and professionalism. As workplaces continue evolving towards diversity and inclusion, recognizing and addressing unfair hiring practices remains essential for both job seekers and employers alike.