Questions Hiring Managers Should Never Ask During An Interview And Why It Matters

When you're hiring, you want to get to know the candidate behind the resume. But in the process, it's easy to cross legal and ethical boundaries without realizing it.

Certain questions in an interview are not just unprofessional — they can open your company up to lawsuits, damage your employer brand, and cost you great candidates.

Here’s a list of questions hiring managers should NEVER ask during an interview — and why avoiding them protects both your organization and your candidates.

1. “Are you married? Do you have kids?”

❌ Why it’s a problem: Questions about marital status or family planning can be seen as discriminatory under Title VII of the Civil Rights Act and the Pregnancy Discrimination Act.

⚡ Ramification: Asking this question can open the door to a discrimination claim if the candidate is later rejected.

What to do instead: Focus on whether the candidate can meet job requirements (such as work schedule), not on their personal life.

2. “How old are you?” / “What year did you graduate?”

❌ Why it’s a problem: Age-related questions can lead to claims under the Age Discrimination in Employment Act (ADEA).

⚡ Ramification: You could be accused of age discrimination if you use this information in your hiring decision.

What to do instead: Ask about relevant experience and skills — not age.

3. “Where are you from?” / “Is English your first language?”

❌ Why it’s a problem: National origin discrimination is illegal under Title VII.

⚡ Ramification: Even innocent curiosity about accents or background can appear biased.

What to do instead: Ask only if the candidate is legally authorized to work in your country.

4. “Do you have any disabilities?”

❌ Why it’s a problem: The Americans with Disabilities Act (ADA) protects candidates from having to disclose disabilities.

⚡ Ramification: Asking about health or disability can be grounds for a discrimination claim.

What to do instead: Ask if the candidate can perform essential job functions with or without reasonable accommodations.

5. “What religion do you practice?” / “Do you need specific days off for religious reasons?”

❌ Why it’s a problem: Questions about religion violate Title VII protections.

⚡ Ramification: Asking about religion could lead to religious discrimination claims.

What to do instead: Communicate the job schedule and ask if the candidate can meet it — without probing into personal beliefs.

The Bigger Impact: Protect Your Brand and Your Team

Asking inappropriate interview questions doesn’t just risk lawsuits — it can:

• Tarnish your reputation as an employer

• Discourage diverse candidates from applying

• Undermine trust in your hiring process

My best advice to Employers? Train your hiring managers! Ensure they know which questions are off-limits, and provide them with structured interview guides focused on skills, experience, and culture fit — not personal characteristics.

Looking for more hiring tips? M’Ellange Talent provides hiring manager training and interview guides to help you build a compliant, inclusive process that attracts top talent.