10 Questions Your Boss Legally Can’t Ask But Does
Most people walk into a meeting with their manager or potential boss assuming that whatever gets asked is fair game. In reality, some questions are illegal under U.S. laws, and others can form evidence of prejudice or discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) exists to draw that line, and many bosses either don’t know that asking these seemingly innocent questions is illegal or are counting on the fact that you don’t.
How Old Are You?
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The Age Discrimination in Employment Act of 1967 (ADEA) protects workers 40 and older from being passed over or treated differently because of their age. An employer can ask if you’re over 18 or over 21 when the job legally requires it. Asking for your exact age beyond that is unnecessary. Comments like “we’re looking for someone with youthful energy” can even become evidence of discrimination.
Are You Planning to Have Kids?
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This question sounds like small talk. It’s actually illegal, as employers cannot ask about pregnancy, plans for children, or marital status under the law in some states. The EEOC receives thousands of pregnancy discrimination charges per year. These questions are rooted in assumptions about women’s commitment to work and are generally discouraged as they may support discrimination claims.
What Religion Do You Practice?
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Religious beliefs are deeply personal, and most employers avoid asking about them during the hiring process. In the United States, questions about religion can raise concerns about discrimination under Title VII of the Civil Rights Act. There are a few limited situations in which the topic may come up, usually when a religious accommodation is involved. In most cases, the safer approach is for the employee to raise the issue if an accommodation is needed.
Do You Have Any Health Conditions We Should Know About?
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Under the Americans with Disabilities Act (ADA), medical history questions are off-limits before a job offer is made. That includes asking whether you’ve ever filed a workers’ compensation claim. An employer can ask if you’re able to perform the essential functions of the job, with or without reasonable accommodation. Digging into your general health history before an offer exists is what the ADA was written to prevent.
Where Are You Originally From?
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Employers can confirm whether you are legally allowed to work in the United States, but questions about where you were born or your ancestry cross into sensitive territory. During hiring, companies should focus on work authorization rather than personal background. Even casual questions like noticing an accent and asking where someone is from can raise concerns about national origin discrimination under EEOC guidelines.
Are You Married?
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Questions about marital status have nothing to do with how well someone can do a job, so they should not come up in an interview. The EEOC considers questions about marriage, children, or the ages of children unrelated to hiring decisions and potentially discriminatory. Some states provide even stronger protections. When employers ask these kinds of questions, they risk creating evidence that could support a discrimination claim.
Can You Just Finish That Up Off the Clock?
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Employers cannot ask workers to finish tasks without pay. Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for every hour they work, including prep time before a shift, tasks during an unpaid lunch, or anything done after clocking out. Wage violations are a major issue. The Economic Policy Institute estimates minimum wage violations cost workers about $15 billion each year, while total wage theft may reach $50 billion.
What Medications Do You Take?
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Medication questions are illegal before a conditional job offer is made. The ADA protects medical history and disability status, and prescription use falls under both. Post-offer, an employer can require a medical exam, but only if every employee in that role is required to undergo the same exam. Asking about someone’s prescriptions during an interview is not a gray area. The ADA draws that line clearly, and courts have consistently upheld it.
Do You Have Any Arrest Records?
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An arrest is not a conviction, and basing hiring decisions solely on arrest history can be discriminatory. As of 2024, 37 states and more than 150 cities and counties have adopted ban-the-box policies that restrict when employers can raise the issue of someone’s criminal history. EEOC guidance says employers must consider the nature of the conduct, the time that has passed, and the relevance to the job before making a decision.
How Much Do You Make at Your Current Job?
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There’s no federal ban on salary history questions, but 22 states have passed laws prohibiting employers from asking about it. When new salaries are based on old ones, pay gaps tied to gender or race follow workers from job to job. California, New York, Illinois, and Massachusetts all have active bans, though specifics vary. In New York, employers can’t ask about salary history.