Illegal Interview Questions: What Employers Can't Ask and What to Say
Illegal interview questions explained: what federal law bans, legal ways to ask the same thing, word-for-word answers and how to file an EEOC charge in time.
On this pageWhat makes interview questions illegal?
Summary
Illegal interview questions ask about protected traits such as age, religion, pregnancy, disability, genetic information or national origin. Federal law flatly bars disability and genetic questions before a job offer. Most other questions are risky rather than banned, because the answer cannot legally drive the decision. You can answer, redirect to the job concern or decline, and you can file an EEOC charge within 180 or 300 days.
Illegal interview questions ask about protected traits that an employer could use to discriminate. These include age, religion, pregnancy, disability and national origin. Federal law bars some outright, like disability questions before an offer.
Most others are risky rather than banned, because the answer cannot legally drive the decision. That difference matters when you decide how to respond.
You can answer, redirect or decline. You can also report the employer if you think bias cost you the job.
This guide gives general facts, not legal advice. Below you get the laws, a table of legal ways to ask, word-for-word answers and the EEOC filing deadlines.
Quick answers by situation
| Your situation | What to say or do | Example line |
|---|---|---|
| They ask your age | Confirm any legal minimum, then pivot | "I'm well over 18, and I'm excited about this role." |
| They ask about kids or family plans | Answer the real concern: availability | "I can meet the schedule and travel this role needs." |
| They ask about religion | Redirect to the work schedule | "I'm available for the shifts in the posting." |
| They ask where you're from | Confirm you can prove your right to work | "I can prove my right to work in the US." |
| They ask about health or disability | Speak to the job duties | "I can perform the essential duties of this job." |
| They ask your current pay where it's banned | Share your target instead | "I'm targeting $70,000 to $78,000 for this role." |
What makes interview questions illegal?
Federal law bars hiring bias based on race, color, religion, sex, national origin, age 40 or older, disability and genetic information. A question becomes a legal problem when it targets one of those traits and the answer could sway the decision. Questions about disability and genetic information before an offer cross the line on their own.
The EEOC enforces these laws for most employers with at least 15 employees1, and 20 for age claims. The agency also says sex includes pregnancy, transgender status and sexual orientation.
| Law | What it protects | Example of an off-limits question |
|---|---|---|
| Title VII of the Civil Rights Act | Race, color, religion, sex, national origin | "What church do you go to?" |
| Pregnancy Discrimination Act (part of Title VII) | Pregnancy, including potential pregnancy | "Are you planning to start a family?" |
| Age Discrimination in Employment Act (ADEA) | Age 40 or older | "How close are you to retirement?" |
| Americans with Disabilities Act (ADA) | Disability | "What medications do you take?" |
| Genetic Information Nondiscrimination Act (GINA) | Genetic information, including family medical history | "Does heart disease run in your family?" |
The EEOC's pregnancy page notes that Title VII covers potential pregnancy8, not just a current one. Under GINA, it will usually be unlawful9 for an employer to ask for genetic information at all.
State and city laws add more
Local rules can go further than federal law. Salary history is the clearest case:
- California. An employer cannot seek your salary history13, out loud or in writing. It can still ask about your salary expectations.
- New York City. Since Oct. 31, 2017, public and private employers of any size14 in the city cannot ask about your salary history.
- Elsewhere. Check your state labor office, because the rules on who is covered and on employer size vary.
Are illegal interview questions actually against the law?
Often not in the strict sense. The EEOC says federal law does not clearly forbid most questions about race, sex, religion or age. Still, it treats them as possible signs of intent to discriminate unless a business need explains them. Disability questions before an offer are the clear exception, because the ADA bans them outright.
The phrase "illegal interview questions" is handy shorthand, but it hides a fine point. In most cases the law bans the bias, not the words.
Federal law does not prohibit employers from asking an applicant's age or date of birth.
U.S. Equal Employment Opportunity Commission, n.d.
Even so, the EEOC adds that age questions may discourage older workers3 from applying. So employers should ask only for a lawful purpose. Its general rule is that hiring questions should stick to what decides if you are qualified2.
The agency also says employers "are explicitly prohibited from making pre-offer inquiries about disability."
Family questions show the same pattern. The EEOC says it is clearly discriminatory4 to ask about marriage or children only of women and not men. Even when an interviewer asks everyone, the question may still count as evidence of intent to discriminate.
What are legal ways to ask the same thing?
Most illegal interview questions have a lawful version that asks about the job, not the person. Employers can ask if you can work the schedule, travel or meet a legal age minimum. After an offer, they can check your right to work. They can also ask if you can do the essential duties, with or without accommodation. When you hear the lawful version, answer it directly.
| Off-limits question | Why it's a problem | Legal way to ask |
|---|---|---|
| "How old are you?" | Can screen out workers 40 and older | "Are you at least 18?" (or the job's legal minimum) |
| "Are you a US citizen?" | EEOC says most employers should not ask before an offer | "If hired, can you prove your right to work in the US?" |
| "Do you have kids?" | Often used against women under Title VII | "Can you work the hours and travel this role requires?" |
| "Are you pregnant?" | Pregnancy bias under Title VII | "This job needs X. Can you meet that?" |
| "Do you have a disability?" | The ADA bans it before an offer | "Can you perform these duties, with or without accommodation?" |
| "How many sick days did you take last year?" | The ADA bars it before an offer | "Can you meet our attendance rules?" |
| "Does cancer run in your family?" | GINA bars requests for family medical history | No lawful version in hiring |
| "Have you ever been arrested?" | An arrest is not proof of a crime | Conviction questions tied to the job may be lawful |
| "What do you earn now?" | Banned in places like California and NYC | "What are your salary expectations?" |
Where these rephrasings come from
The ADA rows come straight from EEOC guidance. Employers may ask if you can do the job with or without reasonable accommodation5, or meet attendance rules. However, they may not ask how many sick days you took or about your workers' comp history.
On citizenship, the EEOC says most employers should not ask whether you are a US citizen6 before an offer. Form I-9 and E-Verify checks also happen only after you accept. On arrests, the EEOC says an employer cannot refuse to hire people simply because they have been arrested7.
How should you answer illegal interview questions?
You have three choices: answer, redirect to the job concern behind the question, or politely decline. A redirect most often works best, because it guards your privacy and keeps the talk friendly. Afterward, write down the exact words, the interviewer's name and the date, in case you report it later.
Most people who ask these questions lack training and mean no harm. So start by assuming a clumsy question, then protect yourself anyway.
- Pause and decide Take a breath and choose: answer, redirect or decline. You never owe an answer about a protected trait.
- Find the real concern A question about kids most often means "Can you work late?" A question about age often means "Will you stay?"
- Answer the concern Speak to the job need in one or two sentences, then move on.
- Write it down afterward Note the exact words, who asked, the date and any witnesses while your memory is fresh.
Word-for-word answers
"If you're asking about [the job concern behind it], I can [what you can do], and [one proof]."
Filled in: "If you're asking about travel, I can be on the road two weeks a month, and I did that at my last job."
"I bring 20 years of hands-on experience, and I'm still learning new tools every year.
Last spring I led our switch to a new scheduling system."
"I keep my family plans private, but I can tell you I'm fully able to meet the hours and travel in this posting."
"I'd rather focus on this role. Based on my research, I'm targeting $70,000 to $78,000."
For more on that last one, see our guide to answering salary expectation questions.
Redirect, then prove it
A redirect lands best when you attach proof. "I can travel" sounds like a promise, but "I traveled 40% of the time at my last job" sounds like a fact. Have one proof point ready for each common concern.
What to say if they push back
Sometimes an interviewer repeats the question. Stay calm and choose how firm to be.
- Restate the redirect. Repeat your job-focused answer once, in fewer words.
- Name the boundary. Say you keep that topic private and ask what job concern they want to cover.
- Ask how it relates. A neutral "How does that relate to the role?" often ends it.
- Decide on the job. If the pressure goes on, you have learned something about the culture.
[So, do you have kids or not?]
"I keep that private. Is there a schedule or travel need I can speak to?"
[We just want to know you'll be committed.]
"I understand. At my last job I hit every deadline for three years, and I'd bring that here."
Do
- Redirect to the job need behind the question.
- Stay polite, even when you decline.
- Write down the exact words right after the interview.
- Keep any emails or messages that repeat the question.
Don’t
- Lie about a protected trait.
- Lecture the interviewer about the law mid-interview.
- Offer medical, family or faith details.
- Wait months to decide whether to file.
How do you report illegal interview questions?
File a charge with the EEOC within 180 calendar days of the event. The limit is 300 days if a state or local agency enforces a similar law. For age claims, only a state law extends the deadline. Start online through the EEOC Public Portal or by calling 1-800-669-4000. The law also bars payback for filing.
A question alone may not prove bias. However, a question plus a rejection is the kind of pattern the EEOC looks into. Here is how the process starts:
- Check the deadline. The basic window is 180 calendar days, extended to 300 days10 when a state or local agency enforces a similar law.
- Start the inquiry. Use the EEOC Public Portal online, call 1-800-669-4000, visit one of 53 field offices or contact your state agency.
- Know the phone limits. The EEOC does not take charges over the phone, but you can start the process that way.
- Count on retaliation protection. The EEOC says the laws bar punishing job applicants11 or workers for asserting their rights.
How many people file
The EEOC handles a large number of these complaints. Its fiscal 2025 financial report says it gets about 270,000 inquiries a year, which lead to roughly 90,000 new charges12. That is about one in three.
Email yourself the details tonight
Send yourself an email with the question, the date and the interviewer's name right after the interview. The timestamp creates a record you made at the time. It also starts your deadline count on a fixed date.
Check as you read
Before you file a charge
All 5 done. Next, check your resume against a real job post.
Check my resumeBack to this sectionSaved on this device
What if the employer is small?
The federal laws above cover most employers with 15 or more workers, and 20 for age. If your employer is smaller, your state or city law may still protect you. Ask your state's fair employment agency.
Related guideHow to Ask About Salary in an Interview: Three Different QuestionsMost advice on how to ask about salary in an interview predates pay transparency. Three different questions hide inside it, and each has its own timing.Prepare so the question doesn't throw you
Practice your redirects out loud along with the common interview questions you expect. Then plan your own questions to ask in an interview, so you can learn about the culture. If a reason-for-leaving field worries you, see what to write when fired.
You can also rehearse tough moments with Rezoom's AI mock interview.
Practice tough interview questions
with an AI interviewer
Frequently asked questions
Is it illegal to ask my age in an interview?
Not under federal law by itself. The EEOC says employers may ask age or date of birth. But age 40 or older cannot drive the decision, and the question can serve as evidence of bias.
Can an interviewer ask if I'm married?
Federal law doesn't ban the words. But the EEOC says employers generally should not ask about marriage or kids unless it ties to the job. Asking only women is clearly discriminatory.
Can an employer ask if I have a disability?
No, not before a job offer. Under the ADA, the employer may ask only if you can do the job duties, with or without reasonable accommodation.
Can an employer ask my salary history?
It depends on where you live. California and New York City ban the question, along with other places, while federal law has no general ban.
Should I tell the interviewer the question is illegal?
Usually not in the moment. A calm redirect protects you better, and you can still report the question later.
How long do I have to file an EEOC charge?
You have 180 calendar days from the event. That grows to 300 days if a state or local agency enforces a similar law. For age claims, only a state law extends the deadline.
Sources
We opened and read each page below. The small numbers in the text point here. Pages that carry no publication date show n.d.
U.S. Equal Employment Opportunity Commissionn.d.
The EEOC covers most employers with at least 15 employees, or 20 for age, and protects race, color, religion, sex, national origin, age 40 or older, disability and genetic information
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Pre-employment questions should focus on qualifications; employers are explicitly prohibited from pre-offer disability inquiries
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Federal law does not prohibit asking age or date of birth, but such questions may discourage older workers and should have a lawful purpose
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Asking about marital status or children only of women is clearly discriminatory and may be evidence of intent to discriminate
eeoc.govU.S. Equal Employment Opportunity Commission1995
Before an offer, employers may ask about performing job functions with or without accommodation and about attendance rules, but not about disability, medications or workers' compensation history
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Most employers should not ask about US citizenship before an offer; Form I-9 and E-Verify come after acceptance
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Employers cannot refuse to hire people simply because they have been arrested
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Title VII covers pregnancy discrimination, including potential pregnancy, for employers with 15 or more employees
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
It will usually be unlawful for an employer to request genetic information, which includes family medical history
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
Charges must be filed within 180 calendar days, extended to 300 days where a state or local agency enforces a similar law; age claims extend only under state law
eeoc.govU.S. Equal Employment Opportunity Commissionn.d.
EEO laws prohibit punishing job applicants or employees for asserting their rights
eeoc.govU.S. Equal Employment Opportunity Commission2026
The EEOC receives about 270,000 inquiries a year, resulting in approximately 90,000 new discrimination charges
eeoc.govCalifornia Department of Industrial Relationsn.d.
California employers cannot seek an applicant's salary history but may ask about salary expectations
dir.ca.govNYC Commission on Human Rightsn.d.
Since Oct. 31, 2017, New York City employers of any size cannot ask about an applicant's salary history
nyc.gov