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.
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