Report: 1 in 3 Hiring Managers Knowingly Ask Illegal Interview Questions

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If a hiring manager asks an interview question that makes you uncomfortable, you aren’t alone.

You have the right to refuse to answer specific personal questions, and if a hiring manager pushes you to respond, they’re acting out of order. From inquiries about race, gender, marital and financial status, and disability, there’s a long list of illegal questions that 1 in 3 inexperienced hiring managers ask candidates, according to a survey by Resume Builder.

We have researched 15 common interview questions that you do not have to answer under any circumstances.

1. Have You Ever Suffered a Workplace Injury?

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A hiring manager cannot ask about workplace injuries or whether you have instigated a compensation claim. It’s none of their business.

If you attend the interview wearing a knee brace, it’s illegal for them to refer to that and ask what is wrong with your knee. The hiring manager’s job is to ensure you can do the job you apply for, not to assess past workplace injuries.

2. Do You Have a Disability?

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It’s illegal to ask this question unless the job requires physical strength or fitness, such as a warehouse operative where you could be lifting heavy items.

They cannot ask if you have pre-existing health conditions, medication you take, or anything concerning your medical history, including mental health. For instance, they cannot ask if you are neurodivergent.

3. Are You a Member of Any Organizations?

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Some questions may not seem invasive but are still illegal. Asking whether you’re a member of any non-professional organization suggests the hiring manager might be trying to determine religion, faith, race, gender, or ethnicity.

Recruiters and hiring managers can only ask if you belong to a relevant professional organization connected to your skills and the job requirements.

4. What Are Your Political Views?

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Recruiters cannot ask about your political views unless the job is within a political organization. Your political ideology has nothing to do with your capability to do the job.

Employers do not need to know, and should not ask, which party you vote for and what political issues you agree or disagree with.

5. What Is Your Race, Nationality or Color?

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Be aware of sneaky questions about race, color, or nationality. Recruiters might ask where you were born or if English is your native language. The same indirect questions apply to immigration status and cultural background.

They cannot ask if you or your parents are U.S. citizens or if you have legal paperwork.

6. What Is Your Financial Status?

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Hiring managers and recruiters can conduct legal background checks but cannot ask about your financial status, such as whether you rent or own your home or are in debt.

If they ask if you have been declared bankrupt or about your credit score, you can justifiably refuse to answer. Recruiters cannot discriminate against applicants based on financial status.

7. What Is Your Height and Weight?

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Any questions about your appearance are irrelevant unless the job requires you to fit into specific space dimensions, such as working in restricted areas like small tunnels or if you are applying for a modeling role. However, they should still reframe the question to be less direct.

They cannot ask how tall you are, how much you weigh, or your BMI.

8. Were You Discharged From the Military?

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Potential employers cannot ask about your military background, such as why you left, where you were deployed, or what discharge you received. They cannot ask anything about your military experience.

They can ask questions about past job experience for any other genre, but the military falls into a federally protected class.

9. Are You Pregnant?

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Some companies worry about female employees leaving when they want to have a child. However, this question is illegal, and recruiters should not ask about pregnancy during interviews. Likewise, it is unlawful to ask when or if you wish to start a family.

If a hiring manager asks if you’re pregnant, it could be a red flag that the company may have a toxic work environment.

10. What Is Your Religion?

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Asking about religious beliefs is illegal. Perhaps the hiring manager notices you’re wearing jewelry like a rosary or a crucifix and makes a comment. Nope. That’s unacceptable. The same goes for clothing that may signal your faith.

They cannot ask about which church you attend or what your religious practices are. The only exception is if the job hours clash with specific days you have scheduled religious commitments.

11. Have You Ever Been Arrested?

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There’s a fine line between asking if you have ever received a conviction for a crime and whether you have an arrest record. The latter is illegal.

However, if you receive a job offer, the company may do a background check, so disclosing anything that may appear on your records is helpful.

12. How Old Are You?

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Recruiters are sometimes a bit sneaky about asking age-related questions. They may not ask how old you are. Instead, they may ask about the year you graduated, the age of your children, or whether you have grandchildren.

The employer may have age biases and want to hire someone older or younger. For instance, a young start-up might be biased towards hiring younger candidates to represent their brand, but they must be careful to avoid discriminating against older applicants.

13. Are You Married?

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This seemingly harmless but illegal question is commonly asked during interviews. Your marital status is unrelated to the job application, especially if you’re female.

The hidden question may be whether a female applicant wants time off to have a baby. The employer cannot ask if you plan to get married, are engaged, have a girlfriend or boyfriend, or live with someone.

14. Who Takes Care of Your Children When You Are at Work?

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As wrong as it is, female job applicants with children of school age often get asked this question. Your childcare is your business. You do not have to answer this question.

Since it’s not commonly asked of male candidates, recruiters heading into this territory are potentially guilty of gender discrimination.

15. Are You Financially Responsible for Any Dependents?

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If a recruiter asks this question, they’re trying to determine, “Will having dependents cause you to have time off work?” or something similar. A dependent could mean your child, an elderly parent, a child with a disability, or a sick spouse. It doesn’t matter.

Who your dependents are is a personal question, and it’s illegal for an interviewer to ask you.

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Source: Resume Builder

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