Inappropriate/Illegal Questions

Questions regarding home life, family, friends, and outside activities are not very common but do occasionally occur, so it is helpful to be prepared. You may find it helpful to know your legal rights. Once you do, then you can determine how you choose to answer a question. For instance, an employer by law cannot ask you if you are married. If he/she does, what would you say?

Illegal to Ask

Race or Color
Race or nationality absolutely cannot be a subject of discussion, cannot appear in an interview, nor can you be asked to submit a picture of yourself.

National Origin
Lineage, ancestry, or descent of you or your spouse cannot be asked. Exceptions: organizations whose goal is to promote a particular national heritage. Your birthplace or that of your parents or spouse may reveal your national origins and is none of the employer’s business.

Religion or Creed
Your religion may never be the subject of inquiry except by a religious organization. Even if your religious convictions conflict with the job – such as if the work week required you to work on your Sabbath – the employer may not raise the issue by asking your religion or by suggesting that you might have a conflict with the job for religious reasons.

Sex and Marital Status
Questions related to marital status cannot be asked. Neither can questions about whether or where your spouse works, whether a woman wishes to be addressed as Ms., Miss, or Mrs., children, childcare arrangements, probability of pregnancy, views on birth control, even who should be notified in case of emergency.

Age
Age cannot be inquired about except whether you are either over 70 or a minor, since separate laws apply to those categories of persons.

Handicaps
Once an employer has described the requirements of a job to you, you can legally be asked if you have any physical or mental impairments that would make it difficult or impossible for you to carry out the functions of the job. Employers cannot ask about the existence of a disability or require applicants to participate in pre-employment medical exams.