Your Ally In
Workplace Justice

3 questions employers can’t ask during interviews

On Behalf of | Oct 8, 2026 | Workplace Discrimination

Anyone who is looking for a job has likely wondered what a potential employer will ask during an interview. While there are many things employers can discuss with applicants, there are some questions that should be avoided.

Understanding what topics shouldn’t be discussed during an interview can help applicants as they prepare for interviews. These three questions should be avoided because they can result in discrimination by the employer. 

1: Questions regarding marital or family status

Typically, employers shouldn’t ask if you’re married, have children or plan to have children. These questions can be discriminatory against people who are part of certain demographic segments. Instead, the employer should focus on asking if you can meet the scheduling requirements for the position. This should be done in a neutral manner and be asked of all applicants who are being interviewed. 

2: Questions about heritage that go beyond determining lawful employability

Employers shouldn’t ask questions to determine your heritage. They can ask questions to determine if you can be lawfully employed in the United States, but that doesn’t involve asking where you’re from, where you were born, or where your family is from.

3: Questions used to determine age unless there’s a legally valid age requirement or limit

Age discrimination laws offer protections for certain employees. Employers should ask questions to try to determine your age, such as what year you graduated. The exception to this is if the employer must employ people who meet certain age restrictions. For example, a bar that serves alcohol can ensure a bartending applicant is 21 years old so they can legally serve customers, and an airline can ask a potential pilot’s age to ensure the pilot is under the federally mandated age of retirement. 

Being asked any of these questions can be unnerving during an interview, but they don’t mean it’s necessary to walk away. Instead, it might be possible to redirect the conversation; however, keeping a record of what was asked is a good idea.