Looking for a job is an incredibly difficult task, particularly with the state of the economy and changes that are brought on by the inclusion of artificial intelligence. Some employers may believe that applicants are so desperate that they’ll overlook red flags and illegal behaviors.
If you’re hunting for a job, you should know what employers aren’t allowed to ask and consider when they’re conducting an interview. Understanding these may help you as you go through what might be a lengthy application process.
Protected categories under the law
Unless a job has a specific legal age requirement, employers shouldn’t ask how old you are or what year you graduated from high school. Questions designed to estimate your age can be considered discriminatory under the Age Discrimination in Employment Act (ADEA).
You don’t have to share whether you’re married, divorced, single or planning to have children. Questions about childcare, family planning or how many kids you have are off-limits and irrelevant to your ability to do the job.
Employers must avoid questions about gender identity, assigned sex at birth or sexual orientation. These topics have no bearing on job performance and are protected in many jurisdictions under anti-discrimination laws.
While employers can confirm you’re legally authorized to work in the U.S., they can’t ask about your country of origin, accent or citizenship status unless it’s required for the role. Questions like “Where are you from originally?” are inappropriate.
Under the Americans with Disabilities Act (ADA), employers can’t ask about disabilities or medical conditions before making a job offer. They can ask whether you can perform the essential duties of the job, with or without accommodation, but they can’t dig into your medical history.
Employers can’t ask about your religion, church attendance or religious holidays. If time off for religious observance is a concern, the discussion should focus on scheduling and availability.
Applicants who are subjected to any illegal questions from employers have the right to take legal action. It may be best for them to work with someone who’s familiar with these matters so they can determine how to move forward with their case.