30 Interview Questions Employers Should Not Ask—and What They Can Ask Instead

In a job interview, a question can cross a legal line when it seeks protected personal information or is used to discriminate. But there is no single federal list that makes every sensitive question illegal in every situation. Federal, state, and local rules differ, and context matters. The examples below explain 30 questions employers should generally avoid, along with job-related alternatives. They are practical guidance, not legal advice; employers should check the laws that apply where the job is located.

What Makes an Interview Question Illegal?

Federal laws prohibit employment discrimination based on characteristics including race, color, religion, sex, national origin, age (40 or older), disability, and genetic information. Federal protections also address pregnancy and related conditions. State and local laws may add categories, such as marital status, sexual orientation, gender identity, or lawful off-duty conduct.

A question is not automatically unlawful simply because it touches on a protected subject. The concern is whether the question reveals protected information and whether that information influences hiring. Some questions also violate specific rules even before a hiring decision—for example, certain pre-offer disability inquiries. Employers should focus interviews on qualifications, essential duties, and consistent selection criteria.

For a lawful alternative, ask every candidate the same job-related question. For instance, instead of asking about a health condition, explain the essential functions of the role and ask whether the candidate can perform them, with or without reasonable accommodation, when that question is legally appropriate.

Questions About Age and Date of Birth

1. “How old are you?” Age is generally not relevant to qualifications, and asking can suggest age bias. The federal Age Discrimination in Employment Act protects applicants and employees who are at least 40. Ask instead: “Are you legally authorized to work in the United States?”
2. “What is your date of birth?” A birth date can reveal age. Employers generally should not request it during an interview unless a specific, lawful administrative reason applies. Ask instead: “Can you provide the required employment documents after an offer?”
3. “What year did you graduate from high school?” Graduation dates can disclose age. Ask instead: “Do you have the education or certification required for this position?”
4. “How long do you plan to work before retiring?” This asks about age and future plans rather than ability to do the job. Ask instead: “What are your professional goals for this role?”

Questions About Disability and Medical History

Under the Americans with Disabilities Act (ADA), employers generally cannot ask disability-related questions or require medical examinations before making a conditional job offer. They can ask whether an applicant can perform specific job functions. After an offer, medical inquiries or examinations may be allowed under defined conditions, including consistent treatment of applicants entering the same job category.

1. “Do you have a disability?” This directly asks for protected medical information before an offer. Ask instead: “Can you perform these essential duties, with or without reasonable accommodation?”
2. “Have you ever filed a workers’ compensation claim?” This may reveal medical or disability information and is not a measure of job ability. Ask instead: “This job requires lifting items up to 30 pounds. Can you perform that essential function, with or without reasonable accommodation?”
3. “What medications do you take?” Medication questions may disclose private medical information and are generally inappropriate in a pre-offer interview. Ask instead: Describe the job’s requirements and ask whether the candidate can meet them.
4. “Have you ever been treated for a mental health condition?” This seeks medical history, not job qualifications. Ask instead: Ask about relevant skills, work experience, and ability to perform essential duties.
5. “How many sick days did you take at your last job?” The answer may reveal a disability or medical condition. Ask instead: “Can you meet the attendance requirements described for this position?”
6. “Do you have a history of substance-use treatment?” This may disclose protected medical information. Questions about current illegal drug use are treated differently under the ADA, and employers may apply lawful, consistently administered testing policies. Ask instead: Explain any job-related safety or testing requirements.

Questions About Pregnancy, Children, and Family

Federal law prohibits discrimination based on pregnancy, childbirth, and related medical conditions. The Pregnant Workers Fairness Act also requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship. Family-status questions can reveal sex or other protected information and are rarely relevant to a candidate’s ability to do a job.

1. “Are you pregnant, or do you plan to become pregnant?” Pregnancy and plans for pregnancy are not valid hiring criteria. Ask instead: “Can you meet the position’s stated schedule and essential duties?”
2. “Do you have children?” This can reveal family responsibilities and invite discriminatory assumptions. Ask instead: “This role involves occasional evening shifts. Are you available for that schedule?”
3. “Who will take care of your children while you work?” Child-care arrangements are personal and do not determine qualifications. Ask instead: State the hours and travel expectations and ask whether the candidate can meet them.
4. “Are you married?” Marital status is protected in some state and local jurisdictions and may be used as a proxy for sex or family status. Ask instead: Do not ask unless a specific, lawful requirement makes the information necessary.
5. “What does your spouse do?” A spouse’s job is not a measure of the applicant’s ability. Ask instead: “What interests you about this position?”

Questions About Race, National Origin, and Language

1. “What race or ethnicity are you?” Race and ethnicity are protected characteristics under federal law. Voluntary demographic data collection may occur through separate, appropriate processes, not as an interview qualification. Ask instead: Ask about relevant experience and skills.
2. “Where were you born?” This may reveal national origin or citizenship. Ask instead: “Are you authorized to work in the United States?”
3. “What country are you from?” National origin is protected. Ask instead: Ask about language skills only when they are genuinely relevant to the job, such as “Are you fluent in Spanish for this customer-support role?”
4. “What is your native language?” This can reveal national origin. A language requirement may be lawful when it is necessary for the position. Ask instead: “Which languages can you use professionally for the duties described?”
5. “Is English your first language?” The question may function as a proxy for national origin. Ask instead: Assess the communication skills actually required for the job through a consistent, job-related exercise.
6. “When did you come to the United States?” This may disclose national origin or immigration history. Ask instead: “Are you legally authorized to work in the United States?”

Employers may generally ask whether an applicant is authorized to work in the United States and whether the applicant will need employment visa sponsorship. Federal immigration rules also prohibit certain forms of citizenship-status and national-origin discrimination. Form I-9 verification generally occurs after an offer is accepted, and employers must follow rules about acceptable documents and avoid demanding specific documents.

Questions About Religion and Personal Beliefs

1. “What religion are you?” Religion is protected under federal law. Ask instead: Explain the job’s schedule and ask whether the candidate can work it, while considering accommodation obligations.
2. “Which church, mosque, or synagogue do you attend?” This seeks religious affiliation and is unrelated to qualifications. Ask instead: Ask the same job-related questions asked of other applicants.
3. “Can you work on your religious holy days?” This may reveal religious practice. An employer can explain required shifts, but should not assume a candidate’s availability based on religion. Ask instead: “The position requires work on some weekends. Are you available for that schedule?”
4. “Do you observe religious practices that affect your work?” This is overly broad and may invite disclosure of protected beliefs. Ask instead: Describe essential work requirements and address accommodation requests through the appropriate process.

Questions About Gender, Sexual Orientation, and Gender Identity

1. “Are you gay, lesbian, or bisexual?” Sexual orientation discrimination is prohibited under federal law as a form of sex discrimination, and many state and local laws provide explicit protections. Ask instead: Do not ask about a candidate’s private relationships or orientation.
2. “What gender were you assigned at birth?” This is private information and is not a job qualification. Ask instead: Use the candidate’s stated name and pronouns and focus on work-related criteria.
3. “Have you had gender-affirming surgery?” This asks for medical information and may implicate protections against sex and disability discrimination. Ask instead: Ask only whether the candidate can perform essential job functions, with or without reasonable accommodation, where appropriate.

Questions About Genetic Information and Family Medical History

1. “Does cancer or another serious illness run in your family?” The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring, or using genetic information in employment decisions. Family medical history is included in the definition of genetic information. Ask instead: Do not seek family medical history during hiring.

Questions About Criminal Records

1. “Have you ever been arrested?” An arrest is not proof of criminal conduct. Federal law does not impose a universal ban on all criminal-history questions, but using arrest records improperly can create discrimination risks. Many states and cities restrict when or how employers can ask about criminal records. Ask instead: Follow applicable fair-chance laws and, when legally permitted and relevant, ask a narrowly tailored question about convictions.

Criminal-history rules vary widely. Some jurisdictions delay questions until later in the hiring process or limit consideration to convictions related to the job. Employers should check the law for the work location and apply any permitted screening consistently. A blanket policy that excludes every applicant with a record may create legal risk.

Other Sensitive Questions That Depend on State or Local Law

Two topics frequently arise in interviews but do not have the same nationwide rules as questions about disability or race. Local laws can make them unlawful in particular places, so employers should check jurisdiction-specific requirements.

• Salary history: Many states and cities restrict asking about or relying on an applicant’s past pay. Federal law does not create a universal salary-history ban. Employers can generally state the compensation range and ask about salary expectations where local law permits.
• Credit history: Some jurisdictions restrict employment-related credit checks, and federal rules apply when an employer uses a consumer reporting agency. A credit report generally requires written disclosure and authorization, with additional notice requirements before adverse action.

How Employers Can Keep Interviews Compliant

• Use structured questions: Ask candidates for the same position a consistent set of questions tied to essential duties.
• Document job-related reasons: Record how answers relate to qualifications, not assumptions about protected traits.
• Train interviewers: Explain which topics are off-limits or restricted and how to redirect an accidental disclosure.
• Separate hiring from verification: Handle work-authorization documents, background checks, and any post-offer medical steps through lawful processes.
• Check local rules: State and city protections may be broader than federal law, especially for salary history, criminal records, and protected personal characteristics.

For authoritative guidance, employers and applicants can consult the U.S. Equal Employment Opportunity Commission’s materials on prohibited employment policies and practices, the Department of Justice’s immigrant and employee rights guidance, and the relevant state or local labor agency. Because rules depend on the job, location, and timing of a question, employers should obtain legal advice when a hiring practice is unclear.