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U.S. law states that some types of questions are inappropriate to ask during an interview; the laws prohibit interviewers from using them, and they cannot appear on a job application. These questions relate, but are not limited, to age, sex, religion, race or national origin, marital status, parental status, sexual orientation, ethnic origin, and disability. For example, the employer cannot directly ask you how old you are, your date of birth, your religion, or your native tongue.

There are ways in which certain normally illegal questions can be asked so as to make them permissible. This is especially true if the question has a direct bearing on an individual's ability to perform the job. It is legal for an employer to ask something like, “Are you between the ages of 23 and 50?” or “Are you a citizen of this country?” The key, of course, is whether the questions and the way in which they are asked are being used to discriminate against potential employees.

Questions directed at women, such as asking whether she is single or married, what her husband does for a living, or whether she plans to have children, are all considered illegal. Sometimes these questions come up in very casual ways, such as, “Are you going to be able to work evenings and weekends when needed?” This question could be innocent or actually a ploy to find out if you have children and child care responsibilities. These discriminatory kinds of questions must not influence the employer's decision as to whether to offer a job to an individual.

When you are asked a question that you believe to be illegal or that you feel uncomfortable answering, you must be prepared to say something. Many of the job‐hunting books suggest that you answer the question; others suggest not offering personal information. Another way of handling this situation is to say something like, “I do not understand what that has to do with the requirements of the job or my qualifications to do the job.” Wait for a response and then decide whether to answer or not without necessarily detailing or revealing personal information.

If the interviewer asks too many of these kinds of questions or ignores your hesitancy in answering them, you always have the right to terminate the interview and obtain a job somewhere else. It is sad to say, but discrimination in hiring decisions does occur. However, if you feel you have been denied a job based on discrimination, you have recourse should you choose to pursue it. “You may have a cause of action if you can prove that you were discriminated against in the job application process. … If you feel you have a legitimate gripe, the first step is to file a complaint with your state human rights commission or the EEOC.”¹ Of course, you can hire a private attorney and file a civil suit if you wish. Only you can decide whether you want to work for a firm that appears to discriminate.

You can find information on the Internet concerning illegal questions and ways that the information can also be obtained. A review of the books by Lewin G. Joel III, Fred S. Steingold, and Steven Mitchell Sack (see the General Reference list) or others can also help you understand specific ways in which questions can and cannot be asked during interviews or on job applications.