Questions You Cannot Legally Ask During an Interview

1. Age
   One of the most common illegal questions revolves around a candidate's age. It is unlawful to ask about an applicant's age or birthdate during an interview, which could lead to age discrimination. Employers should focus on assessing an individual's qualifications, experience, and skills rather than making assumptions based on age.
2. Marital or Family Status
   Inquiring about a candidate's marital status, family plans, or childcare arrangements is off-limits. Such questions can potentially lead to gender and family status discrimination. Employers should evaluate candidates based on their qualifications and abilities, not their personal lives.
3. Nationality and Citizenship
   Questions about a person's nationality, place of birth, or citizenship status are also prohibited unless the job has specific legal requirements, such as U.S. citizenship for certain government positions. Otherwise, these questions can lead to national origin discrimination.
4. Gender and Sexual Orientation
   Asking about a candidate's gender identity or sexual orientation is discriminatory and inappropriate. Focus on assessing skills and qualifications rather than making assumptions or judgments based on personal characteristics.
5. Religion
   Religious beliefs and practices are private matters, and it is illegal to inquire about a candidate's religion during an interview. Avoid asking about religious affiliations, holidays, or observances.
6. Disabilities and Health
   Questions regarding a candidate's disabilities or health conditions are strictly off-limits during an interview. Employers should not ask about medical histories, prescription drug use, or whether an applicant has a disability. Instead, evaluate whether the candidate can perform the essential job functions with or without reasonable accommodations.
7. Criminal Record
   In many places, including some U.S. states, asking about a candidate's criminal record during the initial interview is illegal. However, after a conditional job offer has been extended, employers may inquire about criminal history, as long as it is done consistently and fairly in compliance with "Ban the Box" laws and other regulations.
8. Salary History
   Asking about a candidate's salary history is increasingly prohibited to combat wage disparities. Instead, employers should discuss salary expectations and ranges for the position—and base compensation decisions on the candidate's qualifications and market rates.
9. Military Service
   Questions about a candidate's military service or discharge status should be avoided, as they can potentially lead to discrimination based on veteran status. Employers can ask about relevant military experience related to the job, but other inquiries should be off-limits.