You nailed the resume, researched the company, and practiced your answers. But what happens when the interviewer asks something they legally shouldn’t? It happens more frequently than you’d think. Some hiring managers either don’t know the rules or conveniently ignore them. Either way, you need to recognize these red flags when they pop up. Here are the interview questions employers aren’t allowed to ask.
“Do You Have A Disability?”
The Americans with Disabilities Act is pretty clear about this: disability questions during interviews are entirely off the table. Sure, some jobs might require physical ability tests, but interviewers can’t ask about your disabilities directly. They’re limited to asking if you can do the job with reasonable accommodations.
“What’s Your Credit Score?”
Your credit score isn’t small talk. Most employers have no right to ask about it, period. Certain roles can involve credit checks, only with your written consent, though. State laws often add extra protection here. And questions about bankruptcies or wage garnishments? Such inquiries are entirely prohibited.
“What’s Your Native Language?”
There’s a big difference between testing job skills and prying into personal history. Employers may evaluate whether you’re proficient in the languages the position requires. What they are not allowed to do is to probe into your native language or mother tongue. Those questions reveal protected information about national origin.
“What’s Your Sexual Orientation?”
Sexual orientation questions? Completely illegal. U.S. employment law makes it unlawful for hiring decisions to be influenced by this aspect of identity. If someone asks, you have zero obligation to answer. Knowing your rights means recognizing when interviewers cross the line and feeling confident enough to push back.
“What’s Your Age?”
Most age-related questions during interviews are unlawful and could result in discrimination lawsuits. Hiring managers should only verify if candidates meet the minimum age requirements for the position. Specific jobs, such as airline pilots and bartenders, have legitimate age restrictions; however, these are rare exceptions.
“Are You Planning To Have Kids?”
Watch out for questions about kids—they’re strictly prohibited. Interviewers might disguise them as concerns about childcare logistics or long-term planning. But it unfairly targets female candidates more than men. Should you encounter this, don’t engage with the question. Instead, refocus the conversation on your qualifications and commitment to excelling in the position.
“Do You Drink Or Smoke?”
Employers cannot ask whether you drink or smoke during interviews. Period. These personal lifestyle choices are protected private matters in most states. What you do outside work is your business, not theirs. Questions about personal habits cross clear legal boundaries that hiring managers must respect.
“What’s Your Religion?”
Religious beliefs have no place in job interview discussions. The law prohibits employers from using faith as a hiring factor or asking about religious practices. Questions about availability for work shifts are allowed, but any mention of holidays or worship schedules must wait until after employment begins.
“Where Were You Born?”
Let’s clear up some confusion. Can employers verify work eligibility? Absolutely—they need to. Can they ask where you were born? Nope, because that exposes national origin and ethnicity, which are protected. The difference matters. One question checks legal status, the other digs into personal background they have no business knowing.
“What’s Your Marital Status?”
Many employers attempt to discover marital status through subtle questions about spouses or children. This practice violates employment law and can enable gender discrimination. Candidates should focus their responses on their skills and ability to excel in the role.
