Illegal job interview questions can create hiring discrimination concerns when they ask about protected characteristics or information California law restricts during the hiring process. Employers may ask job-related questions about skills, experience, schedule availability, qualifications, and ability to perform essential job duties, but they should avoid questions that screen applicants based on protected traits.
California’s Civil Rights Department explains that employers with five or more employees may not discriminate against job applicants or employees based on protected characteristics. These protections include race, religion, sex, disability, age, sexual orientation, gender identity, marital status, national origin, pregnancy, and other protected categories. The Civil Rights Department enforces these workplace discrimination protections.
1. How Old Are You?
An employer should not ask an applicant’s age during an interview unless a lawful age requirement applies to the job. Age-related questions may support age discrimination concerns, especially for applicants who are 40 or older.
A better job-related question may ask whether the applicant can provide proof of legal work eligibility or meet a lawful minimum age requirement after hiring.
2. Are You Married?
Questions about marital status can create discrimination concerns. An employer should not ask whether an applicant is married, divorced, separated, engaged, or dating someone.
A lawful interview should focus on job availability, scheduling, qualifications, and work duties, not the applicant’s personal relationships.
3. Do You Have Children?
An employer should not ask whether an applicant has children, plans to have children, or has childcare responsibilities. These questions may suggest family responsibility discrimination or pregnancy-related discrimination.
A better question would ask whether the applicant can meet the job’s required schedule, travel, or attendance expectations.
4. Are You Pregnant or Planning to Become Pregnant?
Questions about pregnancy, fertility plans, childbirth, or family planning are inappropriate during hiring. The EEOC explains that federal law protects applicants and employees from pregnancy discrimination.
An employer may discuss job duties and physical requirements, but the question should focus on whether the applicant can perform essential job functions, with or without reasonable accommodation.
5. What Is Your Religion?
Employers should not ask about an applicant’s religion, place of worship, religious holidays, or religious practices. Religion is a protected characteristic under California and federal law.
If scheduling matters, the employer may ask whether the applicant can work the required schedule. If a conflict later arises, the applicant may request a reasonable religious accommodation.
6. Do You Have a Disability?
An employer should not ask whether an applicant has a disability, medical condition, diagnosis, injury history, or past workers’ compensation claim. Disability-related questions can violate applicant protections.
The employer may ask whether the applicant can perform the essential job functions, with or without reasonable accommodation. That wording keeps the focus on the job, not the applicant’s medical history.
7. What Is Your Race, Ethnicity, or National Origin?
Employers should not ask questions about race, ethnicity, ancestry, or national origin during an interview. Questions such as “Where are you really from?” or “What country is your family from?” may create discrimination concerns.
Employers may ask whether an applicant can legally work in the United States if they ask all applicants the same question and follow employment verification rules.
8. What Is Your Sexual Orientation or Gender Identity?
Questions about sexual orientation, gender identity, gender expression, or transgender status are not appropriate job interview questions. California law protects applicants and employees from discrimination based on these characteristics through its employment protections.
Hiring decisions should focus on qualifications, experience, availability, and ability to perform the job.
9. What Is Your Salary History?
California employers generally cannot ask applicants about salary history, including compensation and benefits. California Labor Code Section 432.3 prohibits employers from seeking salary history information and also requires employers to provide pay scale information in certain circumstances.
An employer may ask about salary expectations, but not what the applicant earned in a prior job.
10. Have You Ever Been Arrested or Convicted?
California limits criminal history questions during hiring. The California Fair Chance Act generally prohibits employers with five or more employees from asking about conviction history before making a conditional job offer.
After a conditional offer, an employer may conduct a lawful background check in many situations. However, if the employer wants to deny employment based on criminal history, the employer must follow required Fair Chance Act steps.
11. Are You a U.S. Citizen?
Employers should not ask citizenship questions that could lead to national origin or immigration status discrimination. A better question is whether the applicant is legally authorized to work in the United States.
Employers may verify work authorization after hiring through proper employment eligibility procedures.
What Can an Applicant Do After an Illegal Interview Question?
An applicant may choose to answer a job-related version of the question, redirect the conversation, or ask how the question relates to the role. For example, if an interviewer asks about childcare, the applicant may respond by confirming availability for the required schedule.
Useful records may include:
- Job posting
- Interview date and location
- Interviewer names
- Notes about the question
- Follow-up emails
- Rejection notice
- Messages about hiring decisions
An applicant who believes an illegal interview question affected a hiring decision may consider filing a complaint with CRD, EEOC, or another agency depending on the facts and deadlines.
FAQs About Illegal Job Interview Questions
Are all personal questions illegal in a job interview?
No. Some personal questions may feel uncomfortable without being unlawful. A question becomes more serious when it relates to a protected characteristic or restricted hiring information.
Can an employer ask about salary expectations?
Yes. California employers may ask about salary expectations. However, they generally cannot ask about salary history.
Can an employer ask about criminal history in California?
Usually not before a conditional job offer. California’s Fair Chance Act limits when and how employers may ask about conviction history.
Can an employer ask whether an applicant can work weekends?
Yes. An employer may ask whether an applicant can meet the required schedule. The employer should avoid asking whether religion, childcare, or family status causes schedule conflicts.
Legal Help With Illegal Interview Questions
Illegal job interview questions can affect hiring decisions, discrimination claims, salary rights, criminal history protections, and future employment opportunities. A strong next step often depends on the question asked, the employer’s response, the hiring outcome, and available records.
Her Lawyer, A Professional Law Corporation, assists with California employment matters involving hiring discrimination, retaliation, salary history issues, Fair Chance Act protections, and workplace rights. Contact Her Lawyer to request a confidential consultation and discuss possible next steps.