- Illegal interview questions can still be asked due to lack of training or intentional bias.
- Questions about age, marital status, and religion should not be asked during job interviews.
- Candidates should redirect the focus to their qualifications and report persistent illegal inquiries.
This as-told-to essay is based on a conversation with Leigh Henderson, the 43-year-old CEO of HRManifesto in San Antonio. It has been edited for length and clarity.
In the US, there are many questions employers cannot legally ask during a job interview, but that doesn’t mean they don’t.
As someone who worked in HR for nearly 20 years and now runs HRManifesto, a community on TikTok, I’ve seen it happen. I’d argue that anyone who has ever been through an interview has probably been asked an illegal question at least once.
When this happens, it’s often due to a lack of interviewer training. On the other hand, some interviewers intentionally ask these questions to get the hire they want. Either way, these questions are illegal and have no place in a job interview.
Here are five big ones and what to do if they come up.
1. What’s your age?
Believe it or not, it’s illegal to ask interviewees, “How old are you?” or “What year were you born?”
Some interviewers ask these questions because they think you look young. They might say, “Are you even old enough to work?” These questions can be used to belittle an interviewee, and the interviewer may wrongly associate looking young with being inexperienced.
For an older interviewee, it could be asked out of concern that the applicant won’t be able to keep up with technology, a fast-paced environment, or fit into a younger company culture.
Now, employers can ask how many years of relevant professional experience a candidate has. Focusing on your work history is a legal and common part of hiring. Candidates should feel comfortable sharing their experience in relation to the role.
If asked directly about your age, you can gracefully redirect by saying, “I prefer to focus on my qualifications and the value I bring to this role. I have X years of experience directly related to this position, including (key skills or relevant achievements). I’d be happy to elaborate on them.”
Before an interview, you can counter age discrimination by removing your birth date and graduation year from your résumé.
2. Are you married?
It’s not only illegal to ask about marital status, but interviewers should also avoid such questions since they’re personal.
An interviewer might wonder whether they need to pay the candidate what they’re worth, assuming they have a working spouse who could support them. Or, they may worry that the candidate will be distracted by things like dating, a big wedding, a honeymoon, and eventually, children.
The best response is to politely but firmly refocus the conversation on your qualifications. For example: “I prefer to keep my personal life private, but I’d love to discuss how my skills and experience align with the needs of this role.” Something like this will set a boundary while maintaining a professional tone.
3. Do you have kids?
This one strikes a chord because I’ve been asked, “Oh, do you have kids?” in an interview myself.
An employer might ask this to gauge how much time someone can dedicate to the office. They might not want to hire someone with commitments outside work.
Other interviewers may ask to make small talk at the beginning of an interview, but they must be careful. While it can be easy to slip up, it’s still illegal, and small talk should stick to neutral topics like the weather. As the interviewee, it’s not illegal for you to offer the information yourself.
4. Where are you from?
Questions like “Where are you from? Where is your accent from? What’s your first language? Do you speak English at home?” are off-limits, and there’s no reason to ask.
Sometimes, an employer might see a difficult-to-pronounce name and ask about it when making small talk. Again, small talk isn’t an excuse. This can be especially tricky since it may seem conversational, but it can also easily become inappropriate if it hints at ethnicity or national origin.
A strong response would be: “I’m excited about the opportunity to work here and would love to focus on my professional background, which includes (relevant experience). I’m happy to answer any questions about how I can contribute to your team.”
This redirects the conversation while avoiding personal disclosure.
5. What’s your religion?
Religion is protected. An interviewer can’t ask, “Do you go to church?” Usually, this wouldn’t come up on the interviewer’s end.
A candidate might ask the interviewer, “What holidays are covered?” or “Do you do floating holidays?” The interviewer can answer about company holidays.
If a company asks you any of these questions, it’s a huge red flag. When faced with inappropriate or illegal questions during an interview, the key is to stay calm, professional, and confident while gently steering the conversation back to your qualifications and value.
If the questions become persistent, uncomfortable, or discriminatory, candidates should document the incident and consider whether to report it to HR, escalate it within the company, or file a complaint with the Equal Employment Opportunity Commission (EEOC).
The bottom line is your skills, experience, and qualifications matter — not personal details that have no bearing on your ability to do the job.
