Have you ever been arrested?
Federal law doesn't stop states from asking about criminal history, but some states make it illegal to ask about your arrest record.
Depending on the state, a conviction record shouldn't automatically disqualify you for employment unless it substantially relates to your job. For example, if you've been convicted of statutory rape and you're applying for a teaching position, you will probably not get the job.
Are you married?
Although the interviewer may ask you this question to see how much time you'd be able to commit to your job, it's illegal because it reveals your marital status and can also reveal your sexual orientation. However, in many states, it's still legal to discriminate based on sexual orientation.
What religious holidays do you practice?
Employers may want to ask you this to see if your lifestyle interferes with work schedules, but this question reveals your religion and that's unlawful.
They can ask you if you're available to work on Sundays or even better what days are you available to work.
Do you have children?
It is unlawful to deny someone employment if they have children or if they are planning on having children in the future.
If the employer wants to find out how committed you will be to your job, they should ask questions about your work. For example, "What hours can you work?" or "Do you have responsibilities other than work that will interfere with specific job requirements such as traveling?"
What country are you from?
If you have an accent, this may seem like an innocent question, but keep in mind that it's illegal because it involves your national origin.
Employers can't legally inquire about your nationality, but they can ask if you're authorized to work in a certain country.
Do you have any outstanding debt?
Employers have to have permission before running a credit check. Similar to a criminal background history, they can't disqualify you from employment unless it directly affects your ability to perform the position you're interviewing for.
Furthermore, they can't ask you how well you balance your personal finances or inquire about you owning property.
Do you drink?
Employers cannot ask about your drinking habits as it may violate the Americans With Disabilities Act of 1990.
For example, if you're a recovering alcoholic, treatment of alcoholism is protected under this act and you don't have to disclose any disability information before landing an official job offer.
When was the last time you used illegal drugs?
It's illegal for employers to ask you about past drug addiction, but they can ask you if you're currently using illegal drugs.
A person who is currently using drugs is not protected under ADA.
For example, an employer may ask you: Do you currently use illegal drugs? What illegal drugs have you used in the last six months?
How long have you been working?
This question allows employers to guess your age which is unlawful. The Older Workers Benefit Protection Act forbids questions about a person's age and other factors during the pre-employment process.
Similarly, they can't ask you what year you graduated from high school or college or even your birthday.
However, they can ask you how long you've been working in a certain industry. They can also ask you if you are over the age of 18 and/or what are you long-term career goals.
What type of discharge did you receive in the military?
State and Federal Equal Employment Opportunity laws do not prohibit employers from asking about the type of discharge someone received. They can, however, ask what type of education, training, or work experience you've received while in the military.
What is your political affiliation?
Under the Civil Service Reform Act of 1978, federal employers are prohibited from asking political party preference questions of federal employees and applicants. Although currently there are no federal laws that prohibit private employers from asking political affiliation questions, employers should probably refrain from asking such questions.
To reduce the risk of liability, typically employers should not ask any questions unrelated to the performance of a job or to a business need.
What is your race/color/ethnicity/first language?
All of these questions are prohibited under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin.
An employer may want to be sure that a candidate can legally work for them but it is important to be careful how it is asked. You cannot ask are you a US citizen but you can ask whether the applicant is authorized to work in the US.
Are you pregnant?
Employers who ask this question typically are engaging in a form of Family Responsibility Discrimination. In particular, the Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Family and Medical Leave Act prohibits discrimination against pregnant women and parents who take leave from their employment to care for a newborn baby.
However, it is perfectly lawful for an employer to ask whether you anticipate any absences from work on a regular basis. They may also ask whether you will be able to travel or work overtime on short notice.
Are you disabled?
Disabilities, whether they're physical or mental, may affect a candidate's ability to do the job, but it's critical that you avoid asking about them. The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace based on a person's physical disabilities, including a prohibition against pre-employment questioning about the disability.
They can ask, "Are you able to perform the specific duties of the job?" or "Are you able to perform the essential functions of this job with or without reasonable accommodation?"
