Common Unlawful Questions Asked by Employers during Job Interviews

In accordance with several employment laws, employers are not allowed to ask indirect and direct discriminatory questions to applicants during job interview procedures. In this regard, employers must learn beforehand the inquiries they should not ask interviewees as well the information they can legally ask about.

Appropriate Questions VS Inappropriate Questions during Employment Interview

1. Do not: Are you a legal citizen of this country?

Under Immigration and Nationality Act (INA) and Title VII of the Civil Rights Act, discrimination against applicants based on their national origin and/or citizenship status is strictly prohibited.

2. Do: Are you accredited to work here in the country?

Do not: Which religious holidays do you adhere to?

This kind of question may be considered an indirect religious discrimination query. Pursuant to Title VII, employers are not allowed to be influenced by an applicant’s religious practices during hiring process.

Do: Can your personal schedule cope with the work’s schedule?


Do not: When you do you plan to retire?

In accordance with Age Discrimination in Employment Act (ADEA), workplace discrimination due to a person’s age (40 years and above) is not allowed. The mentioned question may be a form of age discrimination hence employers should never ask for such.

Do: What is your long-term career goal?


Do not: Are you pregnant?

Pregnancy Discrimination Act (PDA) prohibits employers to discriminate against qualified applicants based on their pregnancy condition. The said question may result into pregnancy discrimination thus employers should refrain for asking such query.

Do: Are you comfortable working in a demanding work schedule?


Do not: Do you have any disabling physical or mental condition?

Under Americans with Disabilities Act (ADA), employers cannot discriminate against qualified disabled applicants during hiring process; therefore, such question should not be asked.

Do: Can you cope with the demands of this work?


Do not: We prefer women for this work; do you think you can fare well?

This question is in violation of Title VII and California FEHA. Employers should never attempt to ask for such inquiry.

Do: What skills do you think you can offer to the company?

Legal Actions

If you think you have experienced workplace discrimination during your interview process in a company in California, you have all the right reasons to file a complaint with the Department of Fair Employment and Housing (DFEH). If the company is not from California, you file a complaint with the US Equal Employment Opportunity Commission (EEOC). Additionally, you may seek legal assistance and consultation from an employment discrimination attorney.