Prohibited Interview Questions - United States

Prohibited Interview Questions in the United States

Last Updated: April 24, 2025

DISCLAIMER: This document is for informational purposes only and does not constitute legal advice. Laws and regulations vary by state and may change over time. Always consult with qualified legal counsel regarding specific interview practices in your jurisdiction.

Overview

This guide outlines questions that generally should not be asked during job interviews in the United States, as they may violate federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and various state laws.

Protected Categories

Federal law prohibits discrimination based on:

• Race, color, ethnicity
• National origin
• Sex, gender identity, sexual orientation
• Religion
• Age (40 and over)
• Disability
• Genetic information
• Pregnancy
• Citizenship/immigration status (beyond work eligibility)
• Military/veteran status
• Marital/family status

Prohibited Questions by Category

Age

❌ Avoid asking:

• “How old are you?”
• “When did you graduate from high school/college?”
• “When do you plan to retire?”

✅ Acceptable alternatives:

• “Are you over 18?” (if job requires minimum age)
• “Can you provide proof of legal age if hired?”
• “What relevant experience do you have for this position?”

Race, Ethnicity, and National Origin

❌ Avoid asking:

• “What is your nationality/race/ethnicity?”
• “Where were you born?”
• “What’s your native language?”
• “How did you learn to speak that language so well?”

✅ Acceptable alternatives:

• “What languages do you speak, write, or read fluently?” (if relevant to the job)
• “Are you authorized to work in the United States?”

Religion

❌ Avoid asking:

• “What religion do you practice?”
• “Which religious holidays do you observe?”
• “Are you a member of a church/synagogue/mosque?”
• “Would your religion prevent you from working weekends?”

✅ Acceptable alternatives:

• “This position requires working on weekends. Can you meet this requirement?” (state schedule requirements without reference to religion)
• “Are you able to work our required schedule?”

Gender and Sexual Orientation

❌ Avoid asking:

• Questions about gender identity or sexual orientation
• Questions that assume traditional gender roles
• “Are you married to a man or woman?”

✅ Acceptable alternatives:

• Focus on job requirements only

Disability and Medical Information

❌ Avoid asking:

• “Do you have any disabilities?”
• “Have you ever filed a workers’ compensation claim?”
• “How many sick days did you take last year?”
• “Do you have any medical conditions I should know about?”
• “Have you ever been treated for mental health issues?”

✅ Acceptable alternatives:

• “Can you perform the essential functions of this job with or without reasonable accommodation?”
• “This position requires [specific physical requirements]. Can you perform these tasks?”

Pregnancy and Family Planning

❌ Avoid asking:

• “Are you pregnant or planning to have children?”
• “Do you have childcare arrangements?”
• “How would you handle childcare if your child is sick?”

✅ Acceptable alternatives:

• “Are you able to travel as needed for this position?”
• “Can you work the required schedule for this position?”
• “This job requires occasional overtime. Would that be a problem?”

Marital and Family Status

❌ Avoid asking:

• “Are you married?”
• “Do you have children or plan to?”
• “Who takes care of your children while you’re at work?”

✅ Acceptable alternatives:

• “Would you be able to work overtime or travel if needed?”
• “This position may require relocation. Would that be a problem for you?”

Financial Status

❌ Avoid asking:

• Questions about credit history, debt, or bankruptcy
• “Do you own or rent your home?”
• “Have you ever had your wages garnished?”

✅ Acceptable alternatives:

• Only conduct credit checks when relevant to the position and with proper disclosure

Criminal History

❌ Avoid asking (varies by state - many have “Ban the Box” laws):

• “Have you ever been arrested?” (arrests without convictions should not be considered)
• Any criminal history questions on initial application in “Ban the Box” states

✅ Acceptable approaches:

• Follow state and local laws regarding timing of criminal background checks
• Consider only convictions relevant to the specific job
• Provide individualized assessment when required

Salary History

❌ Avoid asking (in states with salary history bans):

• “What’s your current/previous salary?”
• “What benefits did your previous employer provide?”

✅ Acceptable alternatives:

• “What are your salary expectations for this position?”
• Provide salary range information for the position

State-Specific Considerations

Many states and localities have enacted additional protections beyond federal law. Common additional protections include:

• Salary history bans in states like California, New York, Massachusetts, and others
• Ban the Box laws limiting when criminal history can be considered
• Recreational marijuana use protections in some states
• Added protected classes that vary by state (e.g., political affiliation, unemployment status)

Best Practices for Interviews

1. Focus on job-related qualifications and skills necessary for the position
2. Apply consistent standards to all candidates
3. Train interviewers on legally compliant questioning
4. Document selection criteria and reasons for hiring decisions
5. Consult with legal counsel when unsure about specific questions
6. Create structured interviews with predetermined questions
7. Review all questions before the interview for legal compliance

Regular Review Recommended

Employment laws and regulations change frequently. Review this document regularly with legal counsel to ensure compliance with current laws.