What Can't You Ask in an Interview?

Imagine walking into an interview, confident and prepared, only to be asked a question that seems off. Not only can such a question make you uncomfortable, but it can also be illegal. Interviews are a delicate balance between a company's need to find the right candidate and respecting an individual's privacy and rights. There are several topics that are not only inappropriate but are also legally forbidden in many places.

1. Personal Information Related to Age, Race, and Gender
Questions regarding age, race, gender, or ethnicity should never come up in an interview. "How old are you?" or "What race do you identify with?" is invasive, and the answers have nothing to do with your qualifications. Age Discrimination in Employment Act (ADEA) and similar laws protect candidates from being unfairly judged based on factors that have nothing to do with their job performance.

2. Marital and Family Status
Inquiring about someone's family life, such as "Are you married?", "Do you have children?", or "Are you planning to have kids?" is not just inappropriate but can also be illegal. These questions may be seen as a way to assess someone's commitment to the job or their availability. However, these factors are irrelevant unless directly related to the job requirements, such as a travel-heavy role where availability is crucial.

3. Nationality and Immigration Status
Employers have the right to verify your work authorization, but they cannot ask "Where are you from?" or "What country were you born in?" Discrimination based on nationality is prohibited by laws such as the Immigration Reform and Control Act (IRCA). A more appropriate question would be, "Are you legally authorized to work in this country?"

4. Religious Beliefs
Religion is another sensitive subject that has no place in an interview. "What religion do you practice?" or "Will your religious obligations interfere with work?" can easily be construed as discriminatory. Employers should only ask about availability to work, without delving into religious practices that might affect your schedule.

5. Health and Disability
Employers cannot inquire about your medical history or disabilities. The Americans with Disabilities Act (ADA) makes it illegal to ask questions like "Do you have any disabilities?" or "How often do you get sick?" Employers should focus on whether you are capable of performing the essential functions of the job, with or without reasonable accommodation.

6. Financial Situation
Asking questions like "Do you have debt?" or "Have you ever filed for bankruptcy?" crosses a line into personal financial matters that should remain private. Some roles, especially those involving financial responsibility, might require a background check, but such personal questions during an interview are inappropriate and often illegal.

7. Arrest Records
While some jobs might require a background check, asking directly about your arrest record, especially if it doesn’t pertain to the job, can be a violation of your rights. "Have you ever been arrested?" is not a question that should be asked unless the nature of the role specifically requires a clear criminal background, and even then, there are limitations to how this can be addressed.

8. Sexual Orientation
Questions about your sexual orientation or gender identity have no place in a professional interview setting. "Are you gay?" or "What pronouns do you use?" are off-limits unless the candidate voluntarily brings these topics into the conversation.

9. Political Affiliation
Inquiring about someone's political leanings, such as "Who did you vote for?" or "Are you a member of any political organizations?", is not only intrusive but also irrelevant to job performance. Politics, much like religion, should be kept out of the workplace unless it's directly related to the position or industry.

10. Salary History
In many jurisdictions, it is now illegal to ask candidates about their previous salaries. The logic is that salary history can perpetuate pay discrimination, particularly against women and minority groups. Instead, employers should focus on the salary expectations for the role they are hiring for.

Key Takeaway: Interviews Should Focus on the Role, Not Personal Life
Employers must remember that interviews are about assessing a candidate's skills, experience, and fit for the role, not their personal background. It's important for interviewers to stick to questions that relate to the job and avoid any lines of inquiry that could be seen as discriminatory.

If an Inappropriate Question is Asked
So, what do you do if you're asked one of these illegal questions in an interview? It can be awkward and uncomfortable, but you have several options:

1. Politely decline to answer and redirect the conversation back to your qualifications for the job.
2. Address the question head-on, expressing discomfort with its relevance.
3. Report the incident to HR or relevant authorities, especially if the question was particularly egregious.

In Closing
An interview is a two-way street. It’s not just about whether you’re the right fit for the company—it’s also about whether the company is the right fit for you. Knowing your rights and recognizing what questions should and shouldn’t be asked is a key part of protecting yourself during the interview process.