Are There Actually Illegal Interview Questions?
by Chanda L. Brown, OSBA Board Certified Employment Law Attorney
You're in the middle of a promising job interview when the hiring manager leans forward and says, “We like to keep things young and energetic around here—how old are you, if you don’t mind me asking?” You smile politely, but internally, you wonder: Can they even ask that?
TL;DR: Yes, certain interview questions can be illegal if they touch on protected characteristics like age, disability, race, or religion—and how they’re used in hiring decisions matters just as much as the questions themselves.
Understanding Your Legal Rights as a Job Candidate
While there’s no comprehensive list of “banned” interview questions, federal laws make it illegal for employers to discriminate during the hiring process based on protected characteristics. Here are the most relevant laws:
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
- The Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities from discrimination in all stages of employment, including hiring.
- The Age Discrimination in Employment Act (ADEA): Shields applicants aged 40 and older from discrimination based on age.
Under these laws, it’s not just the asking of certain questions that’s problematic—it’s how the information is used. If a question reveals a protected trait and the employer relies on that information to make a hiring decision, it can create legal liability.
Real-World Example: When Curiosity Crosses the Line
Take “Martha,” a 46-year-old professional applying for a sales management role at a national retail chain. During the interview, the hiring manager casually asks, “This position requires a lot of social media work—are you comfortable keeping up with the younger generation?” Martha answers affirmatively but later learns she wasn’t selected. The position went to a 29-year-old with less experience. Martha files a claim with the Equal Employment Opportunity Commission (EEOC), believing age discrimination played a role. Whether or not age was the sole reason she didn’t get the job, the question itself raises a red flag and may become part of a larger pattern of discriminatory behavior.
How Courts View Interview Discrimination
Courts generally look at the context and consequences of an interview question. Simply asking a questionable question isn’t always illegal on its own. However, if a rejected candidate can show that the question exposed a protected characteristic and the employer used that to influence their decision, there may be a valid legal claim.
In litigation, employers often argue that hiring decisions were based on qualifications, not personal characteristics. But if there’s a pattern of asking inappropriate questions, or if notes from the interview show those characteristics factored into the decision, courts may side with the applicant.
The EEOC investigates these issues and may attempt to mediate or file suit on the applicant’s behalf. If successful, the candidate may be entitled to back pay, reinstatement, or other remedies.
What You Can Do: Three Clear Steps
1. Know what’s off-limits.
Understand that questions about age, religion, marital status, disability, family plans, or ethnicity are not appropriate during the hiring process. That doesn’t mean every such question is illegal—but they can be indicators of a problematic hiring process.
2. Redirect professionally.
If you’re asked an inappropriate question, don’t feel obligated to answer. Try saying, “I prefer to focus on how my background aligns with the needs of the position. Could you tell me more about the team dynamic?”
3. Document and follow up.
After the interview, make notes of any questions that made you uncomfortable, especially if you suspect they were used in the hiring decision. If you feel you’ve been discriminated against, consider contacting an employment attorney or filing a charge with the EEOC.
Frequently Asked Questions
Q: Is it illegal to ask about my age or graduation year?
Yes, under the ADEA, questions that seek to reveal your age can be problematic, especially if you’re over 40. Employers should focus on qualifications, not how long ago you finished school.
Q: Can an employer ask if I plan to have children?
No. Questions about family plans, pregnancy, or childcare responsibilities can be considered discriminatory under Title VII, particularly if used to avoid hiring women of childbearing age.
Q: What if I choose to answer a personal question willingly?
That’s your choice—but even if you volunteer the information, the employer still cannot legally base their decision on it. When in doubt, steer the conversation back to your qualifications.
Q: Who enforces these rules?
The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. You can file a charge of discrimination with the EEOC, and in some cases, they may offer mediation or file a lawsuit on your behalf.
Q: Are there state-specific laws in Ohio I should know about?
Yes. In Ohio, the Ohio Civil Rights Act provides additional protections against discrimination in employment. The Ohio Civil Rights Commission (OCRC) investigates complaints at the state level.
Concerned About an Interview You Had?
If you suspect you were asked an illegal question during a recent job interview—or worse, if you believe it affected the outcome—talk to an employment law attorney. An experienced legal professional can help you understand your rights, document your case, and decide whether to pursue action.