What Can You Not Ask in a Job Interview

Table of Contents

1. Introduction
2. The Legal and Ethical Foundations
3. Categories of Questions You Cannot Ask — and What To Ask Instead
4. How to Respond When an Illegal Question Is Asked
5. Designing Compliant Interview Processes (for hiring managers)
6. Practical Guidance for Global Professionals and Expats
7. Coaching Candidates: How to Prepare, Respond, and Reclaim the Narrative
8. Interviewer Mistakes That Lead to Legal and Reputational Risk
9. Integrating Talent Strategy With Global Mobility
10. Tools, Templates, and Training
11. Advanced Situations and Nuanced Issues
12. Measuring Success and Continuous Improvement
13. Two Quick Lists for Immediate Use
14. Conclusion
15. FAQ

Introduction

Many professionals feel stuck or uncertain about the boundaries of interview conversation—especially when relocating, interviewing across cultures, or preparing to hire remote global talent. Missteps in an interview can cost organizations time, money, and reputation, and they can derail a candidate’s career momentum. Understanding which questions are off-limits protects employers from legal risk and preserves candidates’ dignity; it also helps ambitious professionals build a confident interview presence that aligns with international standards.

Short answer: You cannot ask questions that seek protected personal characteristics or unrelated private information—things like race, religion, national origin, age, disability status, family or marital status, pregnancy plans, and certain health or arrest history. Focus your questions on job-related qualifications, the applicant’s ability to perform essential functions, work authorization, and behaviors that predict success.

This article will explain the legal and practical foundations of what can’t be asked in a job interview, translate those boundaries into precise examples and lawful alternatives, and provide practical frameworks for both interviewers and candidates. You will get step-by-step processes to prepare compliant interview scripts, ways to respond if an inappropriate question is asked, and strategies to integrate career development with global mobility considerations. If you want one-on-one support creating an interview strategy that fits your career or your hiring practice, schedule a free discovery call with me to create a personalized roadmap that balances ambition and mobility: schedule a free discovery call. If you’re preparing application materials, you can also download free resume and cover letter templates to present your experience clearly and compliantly.

Main message: Respectful, job-focused interviews protect candidates and employers—and they are the foundation of predictable career progression and ethical global talent mobility.

The Legal and Ethical Foundations

Why the line between legal and illegal interview questions matters

Interview questions that cross into private or protected territory can lead to legal complaints, costly settlements, bias in hiring decisions, and a poor candidate experience. More importantly, they damage trust. When hiring managers understand why certain topics are off-limits, they can design questions that evaluate capability and fit while avoiding discrimination, whether they’re hiring locally or managing cross-border recruitment.

Core statutes and protections (practical overview)

You do not need to memorize statutes to act correctly, but you should internalize the protected categories and the operational rules that flow from them. Key protections include prohibitions on discrimination based on race, color, religion, sex (including pregnancy, gender identity and sexual orientation), national origin, age (40+), and disability status. Laws also limit the use of arrest records and regulate how employers can consider salary history. Some jurisdictions add protections (e.g., marital status, political affiliation, or family responsibilities), and several states ban salary-history questions outright.

From a practical perspective, the guiding principle is simple: if the information cannot be used to determine whether the applicant can perform essential job duties or meet a legal qualification, don’t ask about it.

Job-relatedness and consistent processes

To avoid legal risk and unconscious bias, base interview questions on job-related criteria and apply them consistently to all candidates for the same role. Document the competencies you need, map questions to those competencies, and use the same core question set for each candidate. This approach reduces subjective judgments and creates defensible hiring decisions.

Categories of Questions You Cannot Ask — and What To Ask Instead

Below I explain the core categories of prohibited interview topics, why they are problematic, and practical, lawful alternatives you can use to assess the same competencies.

Race, ethnicity, and national origin

Why you can’t ask: Questions about where someone or their family is from, their race, or their ethnicity invite discrimination and are unnecessary for assessing job performance.

Illegal examples: “Where were you born?” “What is your native language?” “What country are your parents from?”

Job-focused alternatives: Ask about their right to work in the country where the job is based: “Are you authorized to work in this country?” If language skills are relevant, ask: “What languages can you read, write, and speak fluently for business use?”

Practical note for global recruitment: When hiring internationally, ensure immigration and visa questions focus on eligibility and timing rather than nationality—e.g., “Are you eligible to work in [country] without sponsorship?” rather than “What is your citizenship?”

Age and graduation dates

Why you can’t ask: Asking age or graduation year can signal age bias; it’s often unnecessary and can violate age discrimination protections.

Illegal examples: “How old are you?” “What year did you graduate high school?”

Job-focused alternatives: If age is relevant because of legal requirements (e.g., serving alcohol), ask a neutral verification question: “Are you over the age of 18?” Otherwise, focus on experience: “Can you describe your relevant professional experience with [skill or technology]?”

Marital status, family plans, and caregiving responsibilities

Why you can’t ask: Questions about marriage, children, or family planning are invasive and historically have been used to discriminate—often against women.

Illegal examples: “Are you married?” “Do you have children?” “Do you plan to have children soon?”

Job-focused alternatives: If the role requires travel or irregular hours, ask: “Are you able to meet the travel and schedule requirements of this role?” If flexibility is needed, outline expectations and ask if they can meet them.

Pregnancy and reproductive health

Why you can’t ask: Pregnancy and future family plans are not job-relevant and are protected from discrimination.

Illegal examples: “Are you pregnant?” “Do you plan to have children in the next year?”

Job-focused alternatives: If the candidate raises medical or scheduling concerns voluntarily, treat them like any other accommodation discussion. Otherwise, confirm role expectations: “This position may require extended hours during peak periods—can you meet those requirements?”

Disability and medical history

Why you can’t ask: Medical questions can reveal disabilities and invite discrimination, and are governed by disability law. The focus must be on ability to perform essential tasks.

Illegal examples: “Do you have any disabilities?” “Have you had surgeries or major illnesses?” “How is your health?”

Job-focused alternatives: Describe essential functions and ask: “Are you able to perform these essential job functions with or without reasonable accommodation?” Follow up later with lawful medical inquiries only after a conditional offer if allowed.

Criminal history and arrest records

Why you can’t ask: Arrest records are often not predictive of job performance and asking about arrests can disproportionately harm certain groups. Some jurisdictions limit even conviction inquiries.

Illegal examples that are risky: “Have you ever been arrested?”

Safer approach: Ask only about convictions when relevant to the role and in compliance with local rules: “Have you ever been convicted of a crime that would prevent you from performing the essential functions of this job?” Check local laws for “ban the box” rules and background-check restrictions.

Citizenship and immigration status

Why you can’t ask: Questions that single out citizenship or birthplace can be discriminatory.

Illegal examples: “Are you a U.S. citizen?” “Where are you from originally?”

Legal alternative: Ask about work authorization status: “Are you legally authorized to work in [country], and will you now or in the future require sponsorship?”

Religion and religious practices

Why you can’t ask: Religion is a protected characteristic and irrelevant unless a legitimate scheduling conflict exists (e.g., required weekend work).

Illegal examples: “What is your religion?” “Which church do you attend?”

Job-focused alternatives: If schedule conflicts are relevant, state the scheduling demands and ask: “Can you meet the scheduling needs of this role, including [specifics]?”

Sex, pregnancy, sexual orientation, and gender identity

Why you can’t ask: Questions about a person’s sexual life or orientation are irrelevant and discriminatory.

Illegal examples: “Are you gay?” “Do you use a different name at home?”

Job-focused alternatives: Use neutral language such as preferred pronouns when the candidate volunteers them. Keep the focus on qualifications.

Salary history

Why you can’t ask: Salary history questions perpetuate pay gaps and are banned in many jurisdictions.

Problematic examples: “How much are you currently earning?”

Safer approach: Publicize the salary range for the role and ask whether it is acceptable: “The salary range for this role is X–Y. Does that meet your expectations?” If local law permits, ask about compensation expectations rather than past pay.

Personal finances and housing

Why you can’t ask: Questions about homeownership or finances are unrelated to most jobs and can be discriminatory.

Illegal examples: “Do you own your home?” “Have your wages ever been garnished?”

Job-focused alternatives: Only ask financial-history questions when directly relevant and compliant with local rules (for example, certain financial services roles may require background checks).

How to Respond When an Illegal Question Is Asked

Candidates and interviewers must know how to navigate awkward or inappropriate moments. Interviewers should prevent them through training; candidates should be prepared to respond with professionalism and protect their rights.

Three practical response strategies for candidates

• Answer and redirect: If you believe the interviewer is well-meaning and the question is harmless, provide a short answer and steer back to qualifications. Example: “I’m happy to talk about my relocation experience—what matters most for this role is my track record delivering projects on time. For example, in my last role I led…”
• Side-step with clarity: Briefly decline to answer personal questions and emphasize job capability: “I prefer to keep my personal life private. I can assure you that I meet the travel and schedule requirements for this role.”
• Ask for relevance: Calmly request clarification on how the question relates to job duties: “Can you help me understand how that relates to the responsibilities of this position?”

Use the approach that fits the tone of the interview and your comfort level. If an interviewer persists with illegal questioning, you may choose to end the interview or follow up with the employer’s HR team later.

(These response strategies are reproduced in a concise checklist later if you want a quick reference.)

Designing Compliant Interview Processes (for hiring managers)

The five-step job-focused interview script (structured list)

1. Define essential job functions and success criteria for the role.
2. Create a standardized question bank tied directly to those success criteria.
3. Train interviewers on protected categories and acceptable alternatives.
4. Use scorecards to evaluate candidates consistently against competencies.
5. Document interviews and reasons for selection to ensure defensibility.

This step-by-step process reduces legal exposure and improves hiring decisions by making evaluation criteria explicit and comparable across candidates.

Creating a question set that predicts on-the-job performance

Start by mapping three to five core competencies (e.g., stakeholder management, technical problem solving, client delivery). For each competency, craft behavioral or situational questions that invite concrete examples: “Tell me about a time you managed a cross-border project with competing deadlines. What did you prioritize and what was the outcome?” Follow up with probing questions to assess depth: “What were the biggest trade-offs you considered?”

Always test each question for job relevance. If a question does not reveal skill or behavioral evidence tied to job success, remove it.

Scorecards and calibration

Use numerical scorecards aligned to each competency. After interviews, hold a calibration meeting where interviewers explain scores with evidence. Calibration reduces bias by forcing interviewers to justify recommendations with observable behaviors rather than impressions.

Training interviewers on unconscious bias and legal boundaries

Short, practical training sessions are more effective than dense legal manuals. Use real world examples and role-play to show how seemingly innocuous small talk—like asking where someone is from—can cross lines. Provide clear alternatives and a quick-reference card with permissible phrases.

Documenting hiring decisions

Document interview notes and selection rationale promptly. A consistent record that ties hire/no-hire decisions to job-related evidence is the strongest defense against claims of discrimination.

Practical Guidance for Global Professionals and Expats

Interviewing across cultures without risking discrimination

When you’re an international candidate or interviewer, cultural norms can differ. What is normal small talk in one culture can be intrusive in another. Focus questions and answers on competencies and outcomes rather than personal background. If you’re relocating, proactively clarify work authorization and relocation timelines in a neutral way: “I am eligible to work in [country X], and I can relocate in [Y weeks/months].”

Managing visa and mobility conversations

Employers can and should confirm whether candidates require sponsorship, but frame questions to focus on logistics rather than origin. For example: “Will you require sponsorship now or in the near future to work in [country]?” When hiring remote or cross-border talent, discuss timezone expectations, tax implications, and local compliance in later stages once both parties are informed.

How to present global experience without prompting risky questions

When a candidate’s background suggests an international upbringing, interviewers may be tempted to ask about birthplace or family. Candidates should proactively highlight relevant international experience as job qualifications—e.g., “I managed a team across EMEA and APAC, coordinating product launches across three markets”—and leave private details off the table.

Coaching Candidates: How to Prepare, Respond, and Reclaim the Narrative

Before the interview: preparation checklist

Spend time translating your international and personal background into job-relevant stories. Identify the competencies the role requires, and prepare two to three STAR (Situation-Task-Action-Result) stories per competency. Review the job description and decide which aspects of your background are directly relevant. If you anticipate questions about relocation or visa status, prepare a clear, factual statement about your eligibility and timeline.

If you want help developing structured stories and confidence-building practice, consider a focused curriculum designed to translate experience into interview-ready narratives: explore programs that help professionals develop confidence and interview technique through a structured course and practice exercises. If you’d like guided support to build a tailored interview plan that integrates global mobility, consider learning options that include focused modules and practice environments to build real-world confidence.

(Links to relevant learning resources are placed thoughtfully throughout this article to help you take the next step.)

During the interview: handling off-topic or inappropriate questions

If an interviewer asks a personal question that’s off-limits but you suspect non-malicious intent, you can answer briefly and return to qualifications. If the question feels discriminatory or you are uncomfortable, you can politely refuse and redirect. Keep your responses calm and professional; your goal is to control the narrative and demonstrate that you are focused on delivering results.

After the interview: documentation and escalation

If you believe a question crossed legal lines and it impacted your candidacy, consider following up with a written summary to the hiring manager or HR. Explain what occurred, how it made you uncomfortable, and request clarity about the role’s requirements. This is particularly important for expats and global professionals who may face extra scrutiny—documenting issues protects you and helps employers rectify internal processes.

Interviewer Mistakes That Lead to Legal and Reputational Risk

Common unintentional pitfalls

Interviewers often create risk through casual small talk, inconsistent questioning, and failing to document decisions. Asking different questions of different candidates creates openings for bias claims. Another frequent error is asking about salary history, which perpetuates pay inequity and creates legal exposure in some places.

How to avoid these pitfalls in practical terms

Standardize your process. Use pre-approved question banks. Conduct interviewer training and require scorecards. Create a simple approval workflow for exceptions that require legal review. These steps reduce exposure and create a repeatable, fair hiring experience.

Integrating Talent Strategy With Global Mobility

Why hiring compliance matters for mobility programs

Organizations that move people across borders must be rigorous about interviewing practices. Noncompliant interviews can lead to visa denials, reputational damage, and legal liabilities in multiple jurisdictions. Making your hiring and mobility policies consistent and job-related ensures fair treatment and predictable talent flows.

Operational checklist for mobility-aligned hiring

Create an intersecting workflow between talent acquisition, HR, and global mobility teams that covers eligibility checks, relocation logistics, and compliant interviewing. Standardize language on eligibility and sponsorship and ensure hiring managers are trained to ask procedural—not personal—questions about mobility.

If you are a hiring manager facing complex mobility decisions or an employee planning an international career move, working with an adviser who understands both career development and expatriate logistics can accelerate decisions and minimize risk. For tailored support aligning career ambitions with international opportunities, schedule a free discovery call.

Tools, Templates, and Training

Practical tools every hiring team should use

A focused set of templates and training tools will dramatically improve compliance and candidate experience. Templates include standardized interview guides, job descriptions with clear essential functions, scorecards, and consent language for background checks. If you need ready-to-use resources to polish your application materials or to supply hiring teams, consider downloading free documents that help both candidates and employers manage interviews professionally: download free resume and cover letter templates.

Training formats that work

Short, scenario-based training sessions (30–60 minutes), combined with periodic refreshers and calibration meetings, produce better results than long, theoretical sessions. Role-play scenarios—where interviewers practice switching from inappropriate to compliant questioning—are particularly effective.

If your organization wants a structured curriculum aimed at building interviewer and candidate confidence, look for short online courses that deliver practical exercises and practice opportunities. A modular approach enables continuous improvement and helps professionals integrate career confidence with practical mobility skills.

Advanced Situations and Nuanced Issues

When medical exams and disability questions are allowed

Employers can require medical exams and disability-related questions only after making a conditional job offer in many jurisdictions, and those exams must be job-related and consistent with business necessity. Always consult local employment counsel or HR specialists before requesting medical information.

When nationality or background is legitimately relevant

For certain roles—such as positions requiring security clearances or specific governmental eligibility—questions about nationality or background may be necessary. Even then, frame inquiries narrowly: ask about eligibility rather than origin and confirm the legal basis for the requirement.

Dealing with third-party recruiters and informal screens

When using third-party recruiters, give them the same training, question set, and compliance requirements. Informal screening calls should also avoid prohibited topics. Provide recruiters with a clear checklist of permitted questions.

Measuring Success and Continuous Improvement

Metrics that matter

Track time-to-hire, offer acceptance rate, diversity of interview pools, and candidate feedback regarding interview fairness. Combine these metrics with documentation quality (e.g., percentage of interviews with completed scorecards) to spot process breakdowns and training needs.

Feedback loops and audit points

Conduct periodic audits of interview notes against scorecards to ensure alignment. Use candidate survey responses to correct tone or process problems. Regularly update question banks to reflect role changes and legal updates.

Two Quick Lists for Immediate Use

1. Candidate response options when asked an illegal question:

• Answer briefly and redirect.
• Decline to answer and underscore job capability.
• Ask how the question relates to job functions.

2. Five steps to prepare a compliant interview script:

• Define essential functions.
• Map 3–5 competencies.
• Draft behavioral questions per competency.
• Train interviewers on boundaries.
• Use scorecards and document decisions.

(These two concise lists are provided for rapid reference during preparation and during interviews.)

Conclusion

Clear, job-focused interviews protect organizations and candidates; they reduce legal risk, improve hiring quality, and support confident career progression—especially for professionals navigating international moves. By staying anchored to job-related criteria, using standardized questions, training interviewers, and preparing candidates to respond professionally to inappropriate questions, you create a fair, scalable hiring process that supports long-term talent mobility.

If you want a tailored plan that helps you advance your career or build compliant, mobility-ready hiring practices, book a free discovery call to create your personalized roadmap to clarity, confidence, and global opportunity: book a free discovery call.

FAQ

1. If an interviewer asks an illegal question by accident, should I still answer?

You can answer if you’re comfortable, but a safer approach is to briefly decline and steer back to qualifications. For example: “I prefer to keep that private. What I can tell you is my experience delivering [relevant outcome].”

2. Can an employer ask about work authorization?

Yes. Employers can ask whether you’re authorized to work in the country where the job is located and whether you will require sponsorship now or in the future. Frame such questions narrowly and consistently.

3. Are questions about criminal history always illegal?

No. Questions about convictions may be permissible where relevant, but asking about arrests is often inappropriate and legally risky. Local laws vary, so employers and candidates should be aware of jurisdictional protections.

4. How should I prepare my résumé and application for international roles?

Translate your achievements into measurable outcomes and clarify your work authorization or relocation readiness where appropriate. Use professional templates that highlight competencies clearly—download free resume and cover letter templates to present your experience in a compliant, compelling way: access free templates.