Questions you can’t ask in a Job Interview (and what to ask instead)

Hiring in the U.S.? Exciting! But if you're still asking candidates what year they graduated or if they have kids, stop.

Here’s a quick list of what’s off-limits in the U.S., and what you can ask instead.

❌ Off-Limits

Age

• Don’t ask: “How old are you?” or “When did you graduate?”
• Why? Age Discrimination in Employment Act (40+ protected).

Marital & Parental Status

• Don’t ask: “Are you married?” “Any kids?” “Planning to have kids?”
• Why? Title VII. It’s none of your business, and yes, it’s illegal.

Religion

• Don’t ask: “Do you go to church?” “What holidays do you celebrate?”
• Why? Protected under federal law. You don’t need to know.

Citizenship

• Don’t ask: “Are you a U.S. citizen?”
• Ask instead: “Are you authorized to work in the U.S.?”

Disability or Medical Conditions

• Don’t ask: “Do you have any health issues we should know about?”
• Why? ADA. You can only ask after a job offer—if you ask everyone.

Criminal Record (Too Soon)

• Don’t ask: “Have you ever been arrested?”
• Why? Ban-the-box laws in many states. You can ask about convictions only after you’ve made a conditional offer or at the interview stage—depending on local law.

Race, Gender Identity, Sexual Orientation, or Genetic Info

• Just don’t. No upside, all risk.

✅ What You Can Ask

• “Are you legally authorized to work in the U.S.?”
• “Can you travel 25% of the time?”
• “This role requires lifting 25 lbs, can you do that with or without accommodation?”
• “Have you ever been convicted of a felony directly related to this role?” (only when compliant)

If your hiring team is winging interviews without proper training, you’re one awkward question away from a lawsuit.

Train your team. Stick to role-relevant questions. And if you’re not sure, don’t ask.