Hailey Watson
Job interviews are stressful enough without suddenly feeling like you’ve been put on the spot for reasons that have nothing to do with your skills.
Most candidates assume that if a question is asked in an interview, it must be allowed.
In reality, there are strict laws that limit what employers can ask, even if the question sounds casual or well-intentioned.
Some interviewers cross the line out of ignorance, while others do it hoping you’ll answer without thinking twice.
Knowing your rights ahead of time can save you from oversharing, feeling uncomfortable, or unknowingly hurting your chances.
The key isn’t getting defensive or confrontational, but responding with confidence and professionalism.
Here are seven questions HR legally cannot ask you in a job interview—and exactly how to handle it if one comes up.
1. “Are you married?” or “Do you have kids?”
This question often slips into interviews disguised as friendly small talk.
An interviewer might mention family or weekends and suddenly ask something that feels personal but harmless.
Legally, employers cannot ask about your marital status, children, pregnancy, or future family plans.
These questions are banned because they can be used to assume your availability, priorities, or long-term commitment.
You are never required to explain your personal life to prove your professionalism.
A smart response is to gently steer the conversation back to the job itself.
You can say you’re fully capable of meeting the schedule and expectations of the role.
If the question feels intentional rather than accidental, that can be a meaningful red flag.
Your value as an employee has nothing to do with who you go home to at night.
2. “How old are you?” or “What year did you graduate?”
Age-related questions can show up in surprisingly subtle ways.
An interviewer may comment on your experience level and ask when you finished school.
Federal law protects candidates over 40 from age discrimination, and these questions can be used to filter people out.
Employers are allowed to verify that you meet minimum age requirements, but that’s where it stops.
You don’t owe anyone a timeline of your life to justify your expertise.
A polished response focuses on your qualifications instead of a number.
You can confidently state that your experience aligns with the role’s requirements.
If age seems to be a recurring theme, it may signal a workplace culture that values youth over skill.
Experience should be an asset, not something you have to defend.
3. “Where are you from originally?”
At first glance, this question can sound curious or even complimentary.
In interviews, however, it can cross into illegal territory very quickly.
Employers are not allowed to ask about your national origin, ethnicity, or background.
Even questions about accents or “where you grew up” can be problematic.
The concern is discrimination based on assumptions rather than ability.
You are only required to confirm that you are legally authorized to work where the job is located.
A calm redirect keeps things professional and avoids oversharing.
You might respond by confirming your work eligibility and language proficiency.
Your background is part of who you are, but it should never be used to judge your competence.
4. “What’s your religion?” or “Do you observe any religious holidays?”
Religion should never be part of a hiring decision.
Interviewers sometimes ask these questions while discussing schedules, weekends, or company culture.
Legally, employers cannot inquire about religious beliefs, practices, or observances.
This includes questions about church attendance, prayer, or holidays you may observe.
The law exists to protect you from being seen as inconvenient or “difficult” to accommodate.
You don’t need to explain your beliefs to prove flexibility.
A strong response reassures them that you can meet the job’s scheduling needs.
If accommodations become relevant later, that discussion can happen after hiring.
Respect for boundaries during interviews often reflects respect in the workplace itself.
5. “Do you have any health issues or disabilities?”
Health-related questions are one of the clearest legal violations in interviews.
Employers are not allowed to ask about medical conditions, mental health, or disabilities.
They also cannot ask about medications, past illnesses, or workers’ compensation claims.
The only legal focus is whether you can perform the essential duties of the job.
You are protected whether or not you need accommodations.
A professional response keeps the conversation centered on your ability to do the work.
You can state that you’re capable of fulfilling the role with or without reasonable accommodation.
If the interviewer presses further, that’s a serious warning sign.
Your health is private, and the law is firmly on your side.
6. “Have you ever been arrested?”
This question is more common than many people realize.
An arrest does not mean a conviction, which is why the distinction matters legally.
Many states and federal guidelines restrict employers from asking about arrests outright.
The concern is unfairly eliminating candidates based on incomplete or irrelevant information.
Background checks, when allowed, follow specific legal procedures.
If asked directly, you are not required to disclose arrest history.
A safe response is to redirect toward what’s legally relevant to the role.
You can mention that you’re willing to comply with lawful background checks if required.
An employer who understands the law will respect that boundary immediately.
7. “What’s your sexual orientation or gender identity?”
Personal identity has no place in a hiring decision.
Federal law and many state laws prohibit discrimination based on sexual orientation or gender identity.
Questions like this may appear as casual curiosity or “getting to know you.”
In reality, they can expose employers to serious legal risk.
You are never obligated to answer personal questions unrelated to your job performance.
A neutral, composed response keeps things professional and protects your privacy.
You can state that you prefer to focus on your qualifications for the role.
If the question feels intentional, trust your instincts about the workplace environment.
A respectful employer will value your work, not your identity.
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