What questions are illegal to ask during an interview?

Interviewing candidates is one of the most important steps in the hiring process, but it is also one of the areas where employers can unintentionally create legal risk. Federal and state employment laws prohibit employers from making hiring decisions based on protected characteristics such as race, religion, sex, national origin, age, disability, and other protected statuses. Because of this, certain interview questions should be avoided.

The purpose of an interview is to determine whether a candidate can perform the essential functions of the job and whether they are a good fit for the position. Questions should focus on skills, experience, qualifications, work history, and job-related competencies.

Examples of problematic questions include asking a candidate how old they are, whether they plan to have children, what religion they practice, whether they have a disability, or where they were born. Even if the employer has no discriminatory intent, asking these questions can create the appearance that protected characteristics were considered during the hiring process.

Instead, employers should focus on lawful alternatives. Rather than asking about age, ask whether the candidate meets the minimum age requirement for the position. Instead of asking about a disability, ask whether the candidate can perform the essential functions of the position with or without reasonable accommodation.

Structured interviews can significantly reduce risk. When every candidate is asked the same core questions and evaluated using the same criteria, hiring decisions become more objective and defensible. Interviewers should also receive periodic training on lawful interviewing practices.

Documentation is equally important. Interview notes should focus on job-related observations and avoid comments regarding appearance, family status, ethnicity, medical conditions, or other protected characteristics. Notes may become evidence in litigation and should remain professional.

Employers should review interview guides regularly to ensure compliance with changing laws. Some states and local jurisdictions have additional restrictions regarding salary history, criminal history, and other topics. A periodic review by HR professionals can help keep hiring practices current.

Key takeaway: Ask questions that relate directly to the candidate's ability to perform the job. When in doubt, focus on qualifications, experience, and competencies rather than personal characteristics.