Hiring the right people is critical to your company’s success—but asking the wrong questions during interviews can lead to serious legal trouble. Many employers don’t realize that certain topics are off-limits under federal and state employment laws. Even well-intentioned questions about an applicant’s background, family, or health can expose your organization to claims of discrimination.

To stay compliant and protect your business, hiring managers and HR professionals must know exactly what not to ask—and what to ask instead.

Why Hiring Compliance Matters

The hiring process is governed by several key federal laws designed to prevent discrimination, including:

• Title VII of the Civil Rights Act – Prohibits discrimination based on race, color, religion, sex, or national origin.

• The Age Discrimination in Employment Act (ADEA) – Protects individuals age 40 and older.

• The Americans with Disabilities Act (ADA) – Prohibits discrimination against qualified individuals with disabilities.

• The Equal Pay Act (EPA) – Requires equal pay for equal work, regardless of gender.

• The Genetic Information Nondiscrimination Act (GINA) – Bars employers from asking about family medical history or genetic information.

Together, these laws define what hiring questions are off-limits—and every interviewer, recruiter, and hiring manager needs to be trained to avoid them.

Questions You Cannot Ask During Interviews

Let’s break down the most common prohibited areas and the kinds of questions that could land your company in hot water.

1. Age and Birth Date

It’s illegal to ask any question that could reveal a candidate’s age if it’s not directly related to the job.

❌ Avoid asking:

• “What year did you graduate?”

• “How old are you?”

• “When do you plan to retire?”

✅ Ask instead:

• “Are you at least 18 years of age?” (This is acceptable if the job requires it.)

• “Can you provide proof of eligibility to work in the United States?”

2. Marital or Family Status

Questions about family life, children, or marital status can be considered discriminatory—especially against women or caregivers.

❌ Avoid asking:

• “Are you married?”

• “Do you have kids or plan to start a family soon?”

• “Who takes care of your children while you work?”

✅ Ask instead:

• “Are you available to work the required schedule for this position?”

• “Are you able to travel or work overtime if needed?”

3. National Origin or Citizenship

You may verify eligibility to work in the U.S., but you cannot ask about national origin, ancestry, or immigration history.

❌ Avoid asking:

• “Where were you born?”

• “What country are you from originally?”

• “Is English your first language?”

✅ Ask instead:

• “Are you legally authorized to work in the United States?”

• “What languages are you fluent in?” (Only if language skills are relevant to the job.)

4. Religion or Beliefs

Religion is a protected class under Title VII, so avoid any question that could identify a candidate’s religious affiliation or practices.

❌ Avoid asking:

• “What church do you attend?”

• “Do you observe any religious holidays?”

• “Would you be available to work on Sundays?”

✅ Ask instead:

• “This role may require weekend shifts. Are you available to work the required schedule?”

5. Disability or Health Conditions

Under the ADA, you cannot ask questions that directly or indirectly reveal a candidate’s disability or health status before a job offer is made.

❌ Avoid asking:

• “Do you have any medical conditions we should know about?”

• “How many sick days did you take last year?”

• “Have you ever filed a workers’ compensation claim?”

✅ Ask instead:

• “This job requires lifting up to 50 pounds. Can you meet that requirement with or without reasonable accommodation?”

6. Arrests, Convictions, or Credit History

Several states and municipalities have “ban-the-box” laws that prohibit asking about criminal history on an initial application. Similarly, questions about credit history may violate the Fair Credit Reporting Act (FCRA) unless clearly job-related.

❌ Avoid asking:

• “Have you ever been arrested?”

• “Do you have a clean record?”

• “What’s your credit score?”

✅ Ask instead:

• “Have you ever been convicted of a crime relevant to this position?” (Only if allowed by law and applicable to job duties.)

7. Gender Identity, Sexual Orientation, or Appearance

Questions related to gender, gender identity, or sexual orientation are strictly prohibited.

❌ Avoid asking:

• “Do you identify as male or female?”

• “What’s your preferred pronoun?” (This is acceptable after hiring for inclusive purposes, but not during interviews.)

• “Do you plan to change your name?”

✅ Ask instead:

• Focus strictly on the candidate’s skills, qualifications, and job performance.

How to Keep Your Hiring Process Compliant

Avoiding illegal questions is only one part of hiring compliance. Here are best practices to protect your company throughout the recruitment process:

1. Standardize interview questions. Use structured interview guides to ensure every candidate is asked the same job-related questions.
2. Train all interviewers. Anyone involved in hiring—HR, managers, executives—should be trained on EEO laws and prohibited questions.
3. Document consistently. Keep clear notes that reference skills and experience, not personal characteristics.
4. Use compliant background checks. Follow the FCRA and any state or local “ban-the-box” laws when conducting background screenings.
5. Review job descriptions. Make sure requirements are tied to essential functions and don’t unintentionally exclude protected groups.

What to Do If a Candidate Brings It Up

Sometimes candidates volunteer information about age, family, or health during an interview. In those cases, steer the conversation back to the job:

“Thanks for sharing that. Let’s talk more about your experience managing teams and how it relates to this position.”

The key is to stay focused on skills, performance, and qualifications—not personal details.

Compliant hiring isn’t about being overly cautious—it’s about being fair, consistent, and protected. Every question you ask should have a clear business purpose tied to the essential duties of the job.

When hiring teams follow compliant practices, they not only reduce legal risk but also strengthen diversity, equity, and inclusion across the organization.

---

Protect your business from costly hiring mistakes. Learn how Asure’s HR compliance experts help you standardize interviews, automate documentation, and ensure every hiring decision meets federal and state regulations.