What interview questions are illegal for employers to ask?
TL;DR: In the U.S., employers generally can't legally ask about your age, marital or family status, pregnancy, disability, religion, national origin/citizenship status beyond work authorization, or (in many states) your salary history. Rules vary by state and country, so treat this as the common baseline, not a universal list — always check your specific jurisdiction.
The short answer
Most illegal-question rules trace back to anti-discrimination law (in the U.S., Title VII, the ADA, the ADEA) — the underlying test is whether a question could be used to discriminate based on a protected characteristic, not whether the topic is simply personal. Salary history is the newest addition to this list, banned in a growing but still incomplete set of states and cities.
The evidence
- Candidates on r/jobs describe being asked their current salary and, after consulting ChatGPT, learning it's "in fact illegal in the state I live in to ask this question" — reflecting real confusion about a genuinely patchwork legal landscape.
- The same thread's community response — calling the practice "almost illegal... but normalized" — matches the broader pattern of employers asking questions that are technically restricted in many jurisdictions but still common in practice.
- Employment law baseline (widely documented, not disputed): age, marital/family status, pregnancy plans, disability specifics, religion, national origin, and arrest record (in many states) are protected-characteristic categories employers should not probe directly.
Common illegal vs. legal question categories (U.S. baseline)
| Topic | Generally illegal to ask | Legal alternative employers can ask |
|---|---|---|
| Age | "How old are you?" / birth year | "Are you over 18?" (if relevant to the role) |
| Family/marital status | "Are you married?" / "Do you have kids?" | "Can you meet the travel/schedule requirements of this role?" |
| Disability | "Do you have a disability?" / medical history | "Can you perform the essential functions of this job, with or without accommodation?" |
| National origin | "Where are you really from?" | "Are you authorized to work in [country]?" |
| Religion | "What religion do you practice?" | "Can you work our required schedule?" |
| Salary history (in ban states/cities) | "What's your current/past salary?" | "What are your salary expectations for this role?" |
Step-by-step: handling an illegal question in the moment
- Recognize it calmly — most interviewers who ask these questions are being careless, not malicious, so a defensive reaction usually isn't necessary.
- Redirect to the underlying legitimate concern: e.g., if asked about kids, answer the likely real question — "I can absolutely meet the schedule and travel requirements for this role."
- For salary history in a ban jurisdiction, you can simply say: "I'd prefer to focus on the budgeted range for this role" — you're not obligated to answer.
- Note the question happened, but don't assume it disqualifies the company — plenty of well-intentioned interviewers ask outdated questions out of habit, not policy.
- If a question feels pointed or repeated rather than accidental, that's more useful signal about the company's practices than any single slip.
FAQ
Can I refuse to answer an illegal interview question? Yes — you're not legally required to answer, and redirecting to the legitimate underlying concern (schedule, work authorization, budget) is the most effective way to do it gracefully.
Do these rules apply the same way outside the U.S.? No — every country has its own employment discrimination framework; the categories are broadly similar (age, disability, family status) but specifics and enforcement vary significantly.
Is asking about salary expectations the same as asking salary history? No — asking what you're looking for going forward is generally legal everywhere; it's asking your past or current salary that's restricted in ban jurisdictions.
InterviewBoost.ai's Live Interview Assist can surface a graceful redirect in real time if an interviewer asks something you'd rather not answer directly.
By Pinal Dave | Last updated: 2026-07-24
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