The interviewer leans back and asks with a smile, ‘So, are you planning to have kids soon?’ You freeze, knowing something feels wrong but unsure how to respond.
Despite strict employment laws, 88,531 new discrimination cases were filed with the EEOC in 2024, representing a 9.2% increase from 2023, with many stemming from inappropriate illegal interview questions.
This comprehensive guide reveals 22 specific illegal questions and why they’re prohibited, legal alternatives employers should ask instead, how to respond professionally when asked illegal questions, and current employment discrimination laws and job interview rights protecting all applicants under EEOC guidelines in 2025.
22 Interview Questions That Could Land Your Interviewer in Legal Trouble (And How to Handle Them)
You walk into that interview feeling confident. Then the interviewer asks, “So, are you planning to have kids?” Your stomach drops. You don’t know if you should answer. You don’t want to seem difficult. But something feels wrong.
Here’s the truth: That question is illegal. And you have rights.
Every year, job seekers face questions that cross legal lines. Many don’t know how to respond. Others answer because they’re scared not getting the job. But staying quiet about illegal questions can hurt you and future candidates.
This guide shows you exactly which questions break the law and how to handle them like a pro.
Why These Questions Break Federal Law
Think interview questions are just small talk? Think again.
Federal laws protect you from discrimination. The Equal Employment Opportunity Commission (EEOC) recovered a record $700 million for discrimination victims in 2024. That’s not pocket change.
Here’s what protects you:
- Title VII: Stops discrimination based on race, color, religion, sex, or national origin
- Age Discrimination in Employment Act (ADEA): Protects workers 40 and older
- Americans with Disabilities Act (ADA): Prevents disability discrimination
- Pregnancy Discrimination Act: Guards against pregnancy bias
The law is clear. Intent doesn’t matter. If a question could lead to discrimination, it’s off limits.
Age Questions That Seem Harmless (But Aren’t)
“How old are you?”
- Why it’s illegal: The ADEA protects anyone 40 or older from age bias.
- What they really want to know: Can you legally work here?
- Legal version: “Are you over 18?”
- Your response: “I meet all age requirements for this job.”
“When did you graduate high school?”
- The problem: They’re doing math to figure out your age.
- Legal version: “Do you have the education needed for this role?”
- Your response: Focus on your skills and experience instead.
“What year were you born?”
- Why it’s banned: Direct age fishing expedition.
- The reality: Age discrimination claims stay high in EEOC filings every year.
Family and Pregnancy Questions That Cross the Line
“Are you pregnant?”
- Legal issue: California’s Fair Employment and Housing Act bans this outright.
- Hidden bias: They worry you’ll take maternity leave.
- Your move: “I can perform all job duties.”
“Are you planning to have children?”
- Problem: Violates the Pregnancy Discrimination Act.
- Professional response: “I’m committed to this role and meet all requirements.”
“How many kids do you have?”
- Why it’s wrong: Often used to discriminate against women under Title VII.
- Better question: Ask about availability for work schedule.
- Your answer: Redirect to your reliability and commitment.
“What childcare arrangements do you have?”
- Legal risk: Suggests different standards for parents vs. non-parents.
- Your strategy: Talk about your dependability instead.
Marriage and Personal Life Questions
“Are you married?”
- Legal problem: Title VII of the Civil Rights Act prohibits discrimination based on marital status.
- Why they ask: Worried about stability or availability.
- Your deflection: “I’m fully committed to this opportunity.”
“What does your spouse do?”
- Risk: Reveals family income and creates bias.
- Legal alternative: Focus only on your qualifications.
“What’s your maiden name?”
- Why it’s illegal: Fishing for marital status information.
- Acceptable version: “Have you worked under other names?”
National Origin and Citizenship Traps
“Where are you from originally?”
- Legal issue: Can reveal national origin and lead to discrimination.
- Current law: National origin discrimination is illegal.
What’s allowed: “Are you authorized to work in the U.S.?”
“Are you a U.S. citizen?”
- The problem: Most jobs only need work authorization, not citizenship.
- Legal alternative: Verify eligibility with I-9 form after hiring.
“What languages do you speak at home?”
- Risk: Reveals national origin or ethnicity.
- Better question: “What languages are you fluent in?” (if job-related).
“How did you learn English so well?”
- Hidden bias: Assumes you’re not a native speaker based on looks or accent.
- Your response: Focus on communication skills that matter for the role.
Religion and Personal Beliefs
“What’s your religion?”
- Legal protection: Title VII protects against religious discrimination.
- Rare exceptions: Religious organizations may have special rules.
- Appropriate question: “Are you available to work the required schedule?”
“What religious holidays do you observe?”
- Why it’s illegal: Opens door to religious discrimination.
- Legal approach: Discuss accommodations after job offer.
Health and Disability Questions
“Do you have any disabilities?”
- ADA violation: This breaks Americans with Disabilities Act rules.
- Legal timing: Only allowed after conditional job offer.
- Proper question: “Can you perform essential job functions with or without accommodation?”
“What’s your health status?”
- Legal risk: Medical questions are banned before offers.
- Exception: Some jobs may require drug testing.
“Do you take prescription medications?”
- ADA concerns: Medical information stays private until after hiring.
- Safety exception: Some safety jobs may need medical clearance.
“Have you ever been treated for mental health issues?”
- Serious legal risk: ADA forbids discriminatory questions before job offers.
- Focus instead: Ability to do the job.
Race, Appearance, and Photos
“Can I see a photo of you?”
- Legal gray area: The request might not be illegal, but using photos for discriminatory decisions definitely is.
- Risk factor: Opens door to appearance-based discrimination.
- Best practice: Only request photos after hiring if actually needed.
“What’s your race or ethnicity?”
- Clear violation: Race discrimination violates Title VII.
- Exception: Voluntary self-identification for reporting (separate from interview).
- Your response: “I prefer to be judged on my qualifications and experience.”
How to Handle Illegal Questions Like a Pro
Don’t panic when you hear an illegal question. Here’s your game plan:
Stay professional. Don’t accuse the interviewer of breaking the law.
Redirect gracefully. Ask how the question relates to the job.
Answer the intent. Address their real concern about your ability to do the work.
Know when to walk away. Trust your gut about company culture.
Response Templates That Work
- “I’d prefer to focus on my qualifications for this role…”
- “How does that relate to the position requirements?”
- “I’m not comfortable discussing that, but I’m happy to talk about…”
What Happens When Employers Break These Rules
The consequences are real and expensive:
Current trends:
- EEOC filed 110 discrimination lawsuits in fiscal year 2024
- Record monetary recoveries hit $700 million in 2024
- More people are willing to take legal action
Real costs for employers:
- Legal fees and settlements
- Reputation damage
- EEOC investigations
- Required training and policy changes
Questions Employers Should Ask Instead
Smart employers stick to job-related questions:
- Skills and experience for the role
- Availability for required work schedule
- Ability to perform essential job functions
- Work authorization in the United States
- Relevant education and certifications
Best practices:
- Use structured, consistent interview process
- Ask only job-relevant questions
- Document business reasons for all inquiries
Your Rights as a Job Seeker
You have more power than you think. Employment discrimination laws are comprehensive and strictly enforced. Many innocent-sounding questions can create legal problems for employers.
Both job seekers and employers benefit when everyone knows these boundaries. Professional, job-focused interviews lead to better hiring decisions.
Remember: You don’t have to answer illegal questions. You can redirect professionally. And if a company pushes back on your rights, that tells you something important about their culture.
Know your rights. Protect yourself. And help create fairer hiring practices for everyone.
When in doubt: Consult with an employment attorney or HR professional. Your career and legal rights are worth protecting.
