What Are The Most Common Illegal Interview Questions?

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What Are The Most Common Illegal Interview Questions?

job interview

Attending an interview for a new job opportunity can be an exciting yet nerve-wracking experience. An interview can be made even more stressful if an employee asks inappropriate questions. Before attending a job interview, you might want to be aware of which interview questions are illegal to ensure you aren’t being discriminated against. Read this blog to learn more or contact an Atlanta Employment Discrimination Attorney to learn how our firm can defend you against unlawful employers.


During the 1960s, multiple civil rights acts were passed to protect workers from being discriminated against by employers. Consequently, job interviewers are barred from asking potential employees certain personal questions, such as whether the candidate has any disabilities. By law, it’s illegal for employers to ask candidates about their:

  • Disability status
  • Gender
  • Sexual Orientation
  • Age
  • Birthplace or nationality
  • Religion
  • Marital status
  • Family or pregnancy
  • Race, color, or ethnicity
  • Genetic information

There are some topics that might not be illegal but could be questionable for an employer to ask. For example, an employer might be able to ask if you’ve ever been convicted of a crime, but they can’t ask about your arrest record. You should speak with an employment lawyer to find out which specific questions are illegal in our state.


It’s important to note that while it is illegal for employers to outright ask about your race, gender, and so on, there are certain loopholes that may allow employers to ask certain questions. The purpose of the interview is to ensure that you would be a good fit for the job. So while it’s illegal for an employer to ask if you have a certain disability, it’s not illegal to ask if you would need reasonable accommodations for the position. While this is technically in regard to your disability status, the employer has a right to know what to expect upon hiring you. Occasionally, the government might ask employers to ask employees about their race, age, gender, and other information for census data or affirmative action programs. Lawful employers will usually disclose when and why they’re required to ask for personal details.

If an employer unlawfully asks you about any of the previously listed topics, you should immediately contact a trusted employment law attorney who has your best interests in mind. You may be able to file a claim against the employer if the company is practicing discriminatory behavior. You can either file a claim with the US Equal Employment Opportunity Commission (EEOC) or file a lawsuit with the help of an attorney.

Are you looking for an experienced and effective discrimination law attorney to fight for you? Look no further! Ben Barrett Law is here for you! Contact our firm today for an initial consultation.

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