What Makes a Question Illegal?

In most job interviews, questions are considered illegal if they touch on personal details protected by law. These can include questions based on your age, gender, religion, race, disability, or family status. These topics are not relevant to your ability to do the job and can lead to discrimination.

Employers are allowed to ask about your skills, experience, and availability. Your private life is out of bounds, however. If a question feels personal and unrelated to the work, it might be illegal.

Common Off-Limits Topics

Some interview questions can sound casual or friendly, but they cross legal lines. Here are some of the most common "problem questions" to watch for.

Age: "What year did you graduate?" or "Are you close to retirement?" can hint at age bias. Employers can legally ask if you're old enough to work, but not how old you are.

Family and Marital Status: "Do you have kids?" or "Are you married?" may seem harmless. However, these can lead to discrimination based on family responsibilities or assumptions about your availability.

Religion: Asking about religious holidays, practices, or beliefs is off-limits. Employers can ask about your availability, but not why you need time off.

Health and Disability: "Do you have any medical conditions?" or "How often do you call in sick?" are illegal unless the job has specific physical requirements. Even then, questions must be job-related.

Citizenship and National Origin: "Where were you born?" or "Is English your first language?" are not allowed. Employers can ask if you're authorized to work in the U.S., but not about your background.

Gender and Sexual Orientation: Questions about your relationship status, living situation, or future family plans are inappropriate and illegal.

Criminal History: Employers can ask about criminal convictions, but not arrests that did not lead to charges. Even then, questions still have to follow state laws. Some states limit what can be asked or when. For example, in some states, these questions can only be asked after a conditional job offer has been made. "Have you ever been arrested?" is usually an illegal question during an interview.

How to Spot a Red Flag

If a question sounds personal, unrelated to the job, or makes you feel uncomfortable, pause and take note. Illegal questions can often sound friendly or casual. They can come across as small talk, but delve into private areas like your age or family background.

Ask yourself: "Does this help them understand how I'll do the job?"

If not, the question may be out of bounds. Watch for vague or leading questions that hint at protected topics. Staying alert during the interview can help you protect your rights. Try to keep the conversation focused on your skills and experience, and how you'll get the job done.

How to Deflect Politely

If you're asked a question that feels off-limits, you don't have to answer it directly. Stay calm and keep it professional. Steer the conversation back to your job-specific qualifications. Some possible responses include:

• "I'd prefer to focus on how I can help your team succeed."
• "I'm confident that I meet the job's requirements and can deliver results."
• "Let's talk more about the role and what you're looking for."

These replies are respectful and help keep you in control. You're not being difficult. You're simply protecting your rights and keeping the interview on track.

When to Push Back or Walk Away

If an interviewer keeps asking personal or inappropriate questions, even after you try to redirect, it's okay to speak up. You have rights during a job interview. You can say, "I'm not comfortable answering that," or "I'd prefer to keep that private." If the tone turns aggressive or clearly discriminatory, trust your instincts.

You're allowed to end the interview and walk away. No job is worth compromising your dignity or your legal rights. Staying calm and firm shows self-respect. If something feels wrong, it probably is. You have every right to protect yourself.

What to Do After a Problematic Interview

If you've faced potentially illegal questions in an interview, you should document what happened. Write down the date, time, company name, interviewer's name, and the exact questions asked. If it's a larger company, consider reporting the issue to its HR department.

You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor agency. Legal aid groups or employment attorneys may offer free consultations, so you can consider next steps. Speaking up helps protect not just you, but also others who may also face the same treatment. You have the right to a fair and respectful interview process.

Know Your Rights and Stay Confident

You have the right to be judged based on your skills, rather than your age or background. Federal and state laws protect you from discrimination during the hiring process. Knowing what's off-limits helps you stay calm and focused, even if an interviewer crosses the line. You don't have to answer illegal questions, and you're not being difficult by setting boundaries.

Confidence comes from preparation. You should walk into every interview knowing your value and your rights. Be prepared to handle tough interview moments with professionalism. Remember that the interview should be about what you bring to the table, and not what's in your private life. Most employers know these rules inside and out, and you should expect them to follow them.