Five Job Interview Questions That Are Illegal And How To Handle Them

No matter who is conducting your interview whether it’s a CEO, a hiring manager, or a small business owner. There are certain questions they are legally prohibited from asking.

Interviews can already be nerve-wracking, but the experience can become even more uncomfortable if you’re asked a question that feels unfair or intrusive. Worrying about whether your answer could be held against you only adds to the stress.

However, HR expert Leigh Henderson explains that if you find yourself in this situation, there are ways to navigate it professionally and confidently.

Let’s take a look at these five illegal questions and how you can handle them.

Where are you from?

According to Leigh Henderson, CEO of HRManifesto in San Antonio, Texas, certain questions related to nationality and language are completely off-limits. These include inquiries like 'Where are you from?', 'What is your first language?', 'Do you speak English at home?', and 'Where is your accent from?'

In a piece for Business Insider, she emphasized that there is 'no reason to ask' these questions, as they serve no purpose in evaluating a candidate’s ability to do the job.

"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," she wrote.

So, what should you do if you're asked this?

Henderson recommends steering the conversation away from personal details while keeping the tone professional.

One effective response she suggests is: "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."

A recruiter asking you where you are from is a big no no, according to Leigh Henderson Getty stock

How old are you?

Surprisingly, asking about a candidate’s age is illegal in most cases. Employers are not allowed to ask how old you are or what year you were born, as age discrimination is prohibited under U.S. labor laws.

However, there are some exceptions. For example, if a job requires serving alcohol, an employer may need to confirm whether you meet the legal age requirement.

"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," Henderson explains.

"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."

Instead of focusing on age, employers should ask about your relevant work experience and skills.

If you're directly asked about your age, Henderson advises responding like this: "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."

If your potential employer asks you how old you are during an interview, they could be discriminating you because of your age Getty stock

What are your religious beliefs?

"Religion is protected," states Henderson.

She notes that if an interviewer asks about your religious practices, such as whether you attend church or what holidays you observe, it’s a major 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," she explained in her Business Insider article.

If you’re asked discriminatory questions like this, Henderson recommends reporting them to HR, escalating the matter within the company, or even filing a complaint with the Equal Employment Opportunity Commission.

Do you have children?

While this question may seem like casual small talk, it could also be a way for an employer to gauge how much time you can commit to work.

"They might not want to hire someone with commitments outside work," Henderson writes.

An interviewer asking a candidate if they have kids is illegal in the US Getty stock

Are you married?

Although it might not seem as intrusive as other questions, asking about a candidate’s marital status is still illegal.

"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," Henderson shared.

So, what’s the best way to handle this question? According to Henderson, this response works well: "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."

Wishing you confidence and success in your next job interview!