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SUBJECT ILLEGAL QUESTIONS
LEGAL QUESTIONS
National
Origin
Are you a U.S. citizen?
Where were your parents born?
What is your native tongue?
Where were you born?
What languages do you read, speak or write fluently? (If
related to the job)
Are you legally permitted to work in the U.S.?
Age
How old are you?
What is your date of birth?
Are you over the age of 18? (Or whatever age is required to
work in the position for which you are interviewing)
Marital and
Family Status
What is your marital status?
How many children do you have? What
child care arrangements have you made?
With whom do you live?
Do you plan to have a family? When?
Travel is an important part of this job. Would you be able
and willing to travel as needed by the job?
Would you be willing to relocate if necessary?
Would you be able and willing to work overtime as
necessary? (Appropriate if asked of all applicants)
Memberships To what clubs or social organizations do
you belong?
Do you belong to any professional or trade groups or
other organizations you consider relevant to your ability
to perform this job?
Disabilities
Do you have any disabilities?
Have you had any past illnesses or operations?
What was the date of your last physical
examination?
How is your family’s health?
General inquiries that would elicit
information about disabilities or health
conditions that do not relate to job
performance
Based on the description of this position, can you
demonstrate or describe how you would perform the
following job related functions?
Do you need accommodation to perform this job? (This
question can be asked after a job-offer has been made.)
Are you willing to undergo a preemployment physical
exam and/or drug test? Do you understand any offer
of employment is conditional based on the results of a
pre-employment exam or drug test?
Arrest Record Have you ever been arrested?
Have you ever been convicted of a crime?
Personal
What is your sex?
What is your height and weight?
Are you able to lift a 50-pound weight and carry it 10
yards? (If that will be a part of the job for which you are
interviewing).
Military
If you have been in the military, were you
honorably discharged?
In what branch of the Armed Forces did you serve?
What type of training or education did you receive in the
military?
Under various state and federal laws, it is illegal for an employer to ask discriminatory questions. If a prohibited
question is asked, you can respond in the following ways:
• Address the intent but not the subject of the question - for example, “I am confident I will be able to handle the
requirements of this Position." (For disabilities, you can add "with or without reasonable accommodation.”)
• Redirect or refocus the interviewer to a discussion of your strengths or details of the job.
• Remind the employer that are under no obligation to discuss that information.
• Prepare and practice a response you can deliver confidently and positively that informs the employer you are not
comfortable answering that particular question.
• Counter with a question: ask if the company culture is inclusive and welcoming of all people.
• If the employer asks you a question you find incredibly offensive, you may want to rethink whether you want to
work for that employer.