Illegal Interview Questions
Here are some examples of illegal questions and their legal counterparts:
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Inquiry Area
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Illegal Questions
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Legal Questions
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National Origin / Citizenship
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- Are you a US citizen?
- Where were you/your parents born?
- What is your "native tongue"?
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- Are you authorized to work in the United States?
- What language do you read/speak/write fluently? (This question is okay
only if this ability is relevant to the performance of the job.)
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Age
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- How old are you?
- When did you graduate?
- What is your birth date?
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- Are you over the age of 18?
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Marital / Family Status
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- What is your marital status?
- With whom do you live?
- Do you plan to have a family? When?
- How many kids do you have?
- What are your childcare arrangements?
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- Would you be willing to relocate if necessary?
- Would you be able and willing to travel as needed for the job?
- Would you be able and willing to work overtime as necessary? (These questions are okay
assuming they asked of all applicants for the job.)
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Affiliations
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- What clubs or social organizations do you belong to?
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- List any professional or trade groups or other organizations that you belong to
that you consider relevant to your ability to perform this job.
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Personal
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- How tall are you? How much do you weigh? (Questions about height and weight
are not acceptable unless minimum standards are essential for the safe performance of the job.)
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- Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?
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Disabilities
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- Do you have any disabilities?
- Please complete the following medical history.
- Have you had any recent or past illnesses or operations? If yes, list them and give
dates when these occurred.
- What was the date of your last physical exam?
- How’s your family’s health?
- When did you lose your eyesight? How?
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- Are you able to perform the essential functions of this job? (This question is okay if the
interviewer has thoroughly described the job.)
- Can you demonstrate how you would perform the following job-related functions?
- As part of the hiring process, after a job offer has been made, you will be
required to undergo a medical exam. (Exam results must be kept strictly confidential, except
medical/safety personnel may be informed if emergency medical treatment is required, and supervisors
may be informed about necessary job accommodations, based on exam results.)
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Arrest Record
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- Have you ever been arrested?
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- Have you ever been convicted of _____? (The crime named should be reasonably
related to the performance of the job in question.)
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Military
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- If you’ve been in the military, were you honorably discharged?
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- In what branch of the armed forces did you serve?
- What type of training or education did you receive in the military?
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Source: Planning Job Choices: 2006
