Illegal interview questions by state

The EEOC says that, as a general rule, information requested in the pre-employment process should be limited to what is essential to decide whether a person is qualified for the job, and that information about race, sex, national origin, age and religion is irrelevant to that decision. Source: EEOC: Prohibited Employment Policies/Practices, Pre-Employment Inquiries (General).

What it means for the interview: Limit pre-employment questions to information needed to decide whether the applicant is qualified for the job.

“As a general rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations.”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says employers should not request information that discloses or tends to disclose an applicant's race unless they have a legitimate business need for it (for example affirmative action or applicant-flow tracking, kept separate from the hiring decision). Source: EEOC: Pre-Employment Inquiries and Race.

What it means for the interview: Do not ask for information that reveals an applicant's race unless there is a legitimate business need; keep any such data separate from the hiring decision.

“employers should not request information that discloses or tends to disclose an applicant's race unless it has a legitimate business need for such information”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says questions about an applicant's religious affiliation or beliefs are generally viewed as non job-related and problematic under federal law, unless religion is a bona fide occupational qualification (BFOQ). Source: EEOC: Pre-Employment Inquiries and Religious Affiliation or Beliefs.

What it means for the interview: Avoid questions about religious affiliation or beliefs (such as place or days of worship, religious holidays, or references from religious leaders) unless religion is a BFOQ.

“Questions about an applicant's religious affiliation or beliefs (unless the religion is a bona fide occupational qualification (BFOQ)), are generally viewed as non job-related and problematic under federal law.”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says questions about an applicant's sex (including sexual orientation, transgender status and pregnancy), marital status, pregnancy history, plans to have children, number or ages of children, child care, and name or address of spouse or children are generally viewed as not job-related and problematic under Title VII unless a defense or exception applies. Source: EEOC: Pre-Employment Inquiries and Gender.

What it means for the interview: Avoid questions about sex, pregnancy, family plans, children, child care or spouse unless a defense or exception applies; never ask such questions of one sex only.

“Questions about an applicant's sex (including sexual orientation, transgender status, and pregnancy), marital status, medical history of pregnancy, future child bearing plans, number and/or ages of children or dependents, provisions for child care, abortions, birth control, ability to reproduce, and name or address of spouse or children are generally viewed as not job-related and problematic under Title VII unless a defense or exception applies.”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says employers generally should not use non job-related questions about marital status, number or ages of children or dependents, or names of spouses or children; such questions may be asked after an offer has been made and accepted if needed for insurance or other legitimate business purposes. Source: EEOC: Pre-Employment Inquiries and Marital Status or Number of Children.

What it means for the interview: Do not ask about marital status, children or spouse before hiring; ask only after an offer is made and accepted, if needed for insurance or another legitimate business purpose.

“Generally, employers should not use non job-related questions involving marital status, number and/or ages of children or dependents, or names of spouses or children of the applicant. Such inquiries may be asked after an employment offer has been made and accepted if needed for insurance or other legitimate business purposes.”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says federal and state equal opportunity laws do not clearly forbid pre-employment questions that relate to age (or race, color, sex, national origin, religion), but such questions may be used as evidence of an employer's intent to discriminate unless they can be justified by some business purpose. Source: EEOC: Prohibited Employment Policies/Practices, Pre-Employment Inquiries (General).

What it means for the interview: Avoid questions that reveal an applicant's age unless they are justified by a business purpose.

“Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer's intent to discriminate unless the questions asked can be justified by some business purpose.”

“to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says employers generally cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer. Source: EEOC: Pre-Employment Inquiries and Disability.

What it means for the interview: Do not ask disability-related questions or require a medical exam before a conditional job offer; before the offer you may ask limited questions about reasonable accommodation and whether the applicant can perform the job.

“Under the law, employers generally cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer.”

“Except as permitted by § 1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability.”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says an employer may not ask a job applicant to answer medical questions or take a medical exam before making a job offer. Source: EEOC: Pre-Employment Inquiries and Medical Questions & Examinations.

What it means for the interview: No medical questions or medical exams before a job offer; after an offer, only if all new employees in the same job must answer the same questions or take the same exam.

“An employer also may not ask a job applicant to answer medical questions or take a medical exam before making a job offer.”

“a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says Title II of GINA prohibits the use of genetic information in employment decisions and restricts employers from requesting, requiring or purchasing genetic information. Source: EEOC: Genetic Information Discrimination.

What it means for the interview: Do not request, require or purchase genetic information (including family medical history) about applicants or employees, except under the narrow exceptions in the law.

“Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.”

“It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee except”

Verified Sep 27, 2026 · 2 official sources

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The EEOC says most employers should not ask whether a job applicant is a United States citizen before making an offer of employment. Source: EEOC: Pre-Employment Inquiries and Citizenship.

What it means for the interview: Do not ask about US citizenship before an offer (for most employers); verify work eligibility only after the offer is accepted.

“Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment.”

“It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says an employer cannot refuse to hire people simply because they have been arrested, although it can explore the conduct leading to the arrest. Source: EEOC: Arrest and Conviction Records (resources page).

What it means for the interview: Do not reject an applicant just because of an arrest; you may ask about the conduct behind it and decide on that basis.

“An employer cannot refuse to hire people simply because they have been arrested.”

“a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says employers can consider criminal records when they make the final hiring decision, but cannot treat people differently because of race or national origin, and a policy that rejects everyone with a conviction is likely discriminatory. Source: EEOC: Arrest and Conviction Records (resources page).

What it means for the interview: You may consider convictions at the final hiring decision, applied equally and assessed for relevance to the job (time passed, nature of the offense, nature of the job).

“Employers can consider criminal records when they make the final decision about hiring. But employers cannot treat people differently because of their race or national origin.”

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says height and weight requirements tend to disproportionately limit some protected groups and may be viewed as illegal unless job-related; unless job-related, questions about height and weight should be avoided. Source: EEOC: Pre-Employment Inquiries and Height & Weight.

What it means for the interview: Avoid questions about height and weight unless they are related to the job.

“Therefore, unless job-related, inquiries about height and weight should be avoided.”

“a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says federal law does not prevent employers from asking about financial information, but federal EEO laws prohibit illegal discrimination when using it to make employment decisions. Source: EEOC: Pre-Employment Inquiries and Financial Information.

What it means for the interview: You may ask, but apply any financial requirement equally, only if it helps identify reliable employees, and follow the Fair Credit Reporting Act for background checks.

“Federal law does not prevent employers from asking about your financial information. But, the federal EEO laws do prohibit employers from illegally discriminating when using financial information to make employment decisions.”

“a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity”

Verified Sep 28, 2026 · 2 official sources

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The EEOC says federal law does not prevent employers from asking about unemployed status, but federal EEO laws prohibit using this information to discriminate. Source: EEOC: Pre-Employment Inquiries and Unemployed Status.

What it means for the interview: You may ask about gaps in employment, but any policy based on unemployed status must be applied consistently and must not screen out protected groups without a job-related reason.

“Federal law does not prevent employers from asking about unemployed status, but the federal EEO laws do prohibit using this information to discriminate.”

“a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity”

Verified Sep 28, 2026 · 2 official sources

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Federal contracts must require that the contractor not request, verbally or in writing, the disclosure of criminal history record information about an applicant for a position related to work under the contract before the contractor extends a conditional offer to the applicant. Source: 41 U.S.C. 4714(a)(1)(B).

What it means for the interview: Do not ask about criminal history, verbally or in writing, before extending a conditional offer, for positions related to work under a federal contract (unless considering criminal history before the offer is otherwise required by law).

Who is covered: Federal contractors, for applicants for positions related to work under the federal contract.

“shall require, as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant.”

“With only certain exceptions, a federal government agency or a federal contractor may not ask whether you have a criminal record until after they have made you a conditional job offer.”

Verified Sep 28, 2026 · 2 official sources

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An employee of a federal agency may not request, orally or in writing (including through OPM Optional Form 306 or USAJOBS), that an applicant for a civil service position disclose criminal history record information before the appointing authority extends a conditional offer. Source: 5 U.S.C. 9202(a).

What it means for the interview: No criminal history questions, oral or written, before a conditional offer, except for positions where the law otherwise requires it or positions exempted by OPM rules.

Who is covered: Federal agencies, for applicants to positions in the civil service.

“an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.”

“An agency employee may not request, orally or in writing, information about an applicant's criminal history prior to making a conditional offer of employment to that applicant unless the position is exempted or excepted in accordance with § 920.201(b).”

Verified Sep 28, 2026 · 2 official sources

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Title VII makes it unlawful for an employer to refuse to hire, discharge or otherwise discriminate because of race, color, religion, sex or national origin. Source: 42 U.S.C. 2000e-2(a)(1).

What it means for the interview: Do not base hiring or other employment decisions on these characteristics.

Classes named: race; color; religion; sex; national origin.

“to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin”

“it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information”

Verified Sep 28, 2026 · 2 official sources

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The ADEA prohibits age discrimination in hiring and employment, limited to individuals who are at least 40 years of age. Source: 29 U.S.C. 631(a).

What it means for the interview: Do not base hiring or other employment decisions on these characteristics.

Classes named: age (40 or older).

“The prohibitions in this chapter shall be limited to individuals who are at least 40 years of age.”

“it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information”

Verified Sep 28, 2026 · 2 official sources

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The ADA prohibits discrimination against a qualified individual on the basis of disability, including in job application procedures and hiring. Source: 42 U.S.C. 12112(a).

What it means for the interview: Do not base hiring or other employment decisions on these characteristics.

Classes named: disability.

“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”

“it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information”

Verified Sep 28, 2026 · 2 official sources

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GINA makes it unlawful for an employer to refuse to hire, discharge or otherwise discriminate because of genetic information. Source: 42 U.S.C. 2000ff-1(a)(1).

What it means for the interview: Do not base hiring or other employment decisions on these characteristics.

Classes named: genetic information.

“to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee”

“it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information”

Verified Sep 28, 2026 · 2 official sources

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The PWFA requires covered employers to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions of a qualified employee, unless the accommodation would impose an undue hardship. Source: 42 U.S.C. 2000gg-1(1).

What it means for the interview: Provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions unless it would cause undue hardship.

Classes named: pregnancy, childbirth, or related medical conditions.

“not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity”

“Generally, the Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

Verified Sep 27, 2026 · 2 official sources

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