8 Illegal job interview questions that HR are not allowed to ask you and how to respond

This guide is primarily targeted towards US residents and based on The United States of America laws and jurisdictions, though I have a feeling these questions are also illegal in many other countries around the world. I know for sure that those questions are also illegal in Canada, UK, and Australia.

Certain questions are illegal to ask during a job interview. Many HR officers are simply not aware that they should not ask such them. As a candidate, you should be prepared to respond in delicacy and diplomacy that doesn't compromise your chances of getting the job. You can always choose to answer these questions openly, but it is important that you know your rights beforehand. Without further ado, let's begin.

1. What’s your age?

Age discrimination is prohibited under the Age Discrimination in Employment Act (ADEA) for individuals 40 and older. That being said, age can be important in positions that require a certain level of experience or may demand physical endurance. Employers may assume older applicants won’t adapt well or that younger ones lack experience.

So what handle such a question? If you prefer no answer you can simply ask the interviewer to focus more on your experience and qualifications. A "I prefer to keep this information private unless if it is strictly important for the position. Let's focus on my qualifications and expertise. I have X years of experience relevant to this role...". Pro tip: Remove birthdates and graduation years from your résumé.

2. Are you married?

Questions about marital status can violate Title VII of the Civil Rights Act, as they often lead to gender or family status discrimination. Employers may speculate on your financial stability or availability from your marital status. There are sometimes legitimate reasons for employers to know the status of the candidate.

For example, if the offered role requires travel or relocation, a single person may be more comfortable with the demands of the position. For women, the possibility of pregnancy can deter some employers given the long maternity leaves entitled to them by the law.

If you choose to keep this information private, then simply ask the interviewer why that piece of information is important. They may be able to justify the question. If however you decide to not answer then the simple "I prefer to keep my personal life private and I can assure to you that my marital status will have no effect whatsoever on my performance."

3. Do you have kids? Are you pregnant or planning to be?

This can lead to family responsibility discrimination especially against women. Some employers worry about time commitments or flexibility. They may prefer candidates who are fully focused on work. On the other side of the spectrum, some recruiters can actually give priority to people with children especially when the role involves an increased sense of responsibility or accountability. In their own view, people with kids are more committed and less prone to fluctuations.

If you don't want to answer that, steer the conversation back to your work experience. If asked casually, maintain boundaries while remaining courteous.

4. Where are you from? What is your race, ethnicity, or nationality?

Inquiries about national origin or language can violate Title VII and can be used in a discriminatory context. There are very few situations where the origin of the person actually matters. One notable example is familiarity with the customs or traditions of a company's target client base.

At times, the question simply arises from curiosity about the accent or the name of the person, not necessarily having any malicious or discriminatory intent.

As with other questions on the list, ask the interviewer whether this information is related to the job and explain that you prefer to keep it private in a diplomatic and subtle way.

5. What’s your religion? What is your political orientation?

Among all the questions on this list, this has to be the least acceptable and the most frowned upon. You don't even need to understand the law to know that it is none of the employer's business what religion or belief system you choose to follow or what political views you hold. Religion is a protected category under federal law.

Firmly and confidently tell the interviewer that this is a private matter and that it has nothing to do with the job or your performance.

6. Do you have a disability or health condition?

Employers can ask if you can perform job duties with or without reasonable accommodation but they don't have the right to inquire about diagnoses or medical conditions. The interviewer can explain to you the demands of the position and then ask you whether you can perform under such conditions. That is how far they can get with their questions.

You should know that you have the right not to answer those types of questions. Ask the interviewer why they need to know this and then tell them that you will deliver as outlined in the job description.

7. Questions About Lifestyle

Questions such as "do you smoke?" or "do you drink" are illegal for employers to ask. Such inquiries can be considered invasive and discriminatory. These questions may reveal information about a candidate’s health, religion, or addiction history, all of which are protected under privacy and anti-discrimination laws.

Unless directly relevant to the job’s essential duties (such as roles involving safety or healthcare), asking about personal habits can lead to legal and ethical issues for the employer.

8. Questions about finances (unless job relevant)

Questions such as "Are you in debt?" or "Have you ever faced financial difficulties" are generally illegal unless directly relevant to the role. For example, if you are applying for a financial position that requires background checks, otherwise, your financial situation is none of the employer's business and you must not answer those types of questions.

Question that they can ask instead

• Are you legally authorized to work in this country?
• Are you able to perform the essential functions of this job with or without accommodation?
• What are your long-term career goals?
• Do you have any upcoming commitments that would affect your work schedule?

General Considerations

• Know your rights. Understand the EEOC guidelines before going into an interview.
• Practice responses to inappropriate questions so you're not caught off guard.
• Be proactive. Clarify role expectations without revealing personal details.
• Ask the interviewer how the question is relevant to the position.
• Remain calm, professional, and polite.
• Always redirect the conversation to your qualifications and expertise.
• Watch for red flags. Illegal questions can signal a toxic or discriminatory workplace culture. You don't want to work for a company that puts your religion or personal life in the equation.
• Report the incident to HR or file a complaint with the Equal Employment Opportunity Commission.