Can You Sue for Illegal Interview Questions?

Federal and state laws strictly prohibit discriminatory practices during the hiring process. This includes discrimination based on age, race, gender, religion, pregnancy, marital status, or disability. If an employer asks you questions about any of these categories during an interview and it influences their hiring decision, it could indicate that they unfairly discriminated against you.

What can you do if an employer asks you questions that come across as illegal? Even if the question itself doesn’t seem discriminatory, if it makes you uncomfortable, there’s a chance the interviewer shouldn’t be asking the question.

This article examines and explains whether you can file a lawsuit against an employer (or prospective employer) who asks illegal questions during the hiring process. We will also discuss the other options available to you, such as filing a charge with the Equal Employment Opportunity Commission (EEOC).

If you believe that a potential employer has discriminated against you, consider speaking with a local employment attorney. They’ll review your case and guide you to the best possible option.

What Interview Questions Are Considered Illegal?

Employers have a lot of discretion over how they conduct interviews and the final say in who they hire. However, there are limits on the types of questions they can ask a candidate during the hiring process.

It can be difficult to recognize questions that may be illegal. An employer cannot ask you how old you are, but can frame questions that indirectly reveal your age. It’s illegal for a hiring manager to ask you what year you were born, but they are permitted to ask about your work experience and to review your resume to determine what year you graduated from college or high school. This roundabout way of eliciting information is legal, but asking questions unrelated to the position and job duties is not.

Illegal interview questions seek details unrelated to the candidate’s ability to fulfill the position’s duties and often focus on characteristics such as age, religion, race, gender, marital status, disability, or national origin. Employers might use these types of questions to discriminate against job applicants.

Examples of Illegal Interview Questions

Job interviews can be daunting even for the most qualified candidates. You never know what questions the interviewer will ask. The only thing you can do is prepare as much as possible and go into the interview with an open mind and a positive attitude.

The issue of illegal interview questions arises when a recruiter asks you questions that feel too personal or make you uncomfortable. These are the types of questions that can indicate discriminatory hiring practices.

Examples of discriminatory questions include:

• Questions related to national origin or citizenship: What country are you from? Are you a U.S. citizen? Can you show proof of your birth certificate? What is your native language?
• Questions related to age: What year did you graduate from high school? What year were you born?
• Questions related to family status: Are you single? Are you married? Do you have children?
• Questions related to pregnancy: Are you pregnant? Are you trying to conceive or have a family? Do you have reliable child care?
• Questions related to religion: What is your religious affiliation? What religious holidays do you celebrate?
• Questions related to disability: Do you have any disabilities? Are you currently in recovery from addiction? Have you ever filed a workers’ compensation claim? What medical conditions are you suffering from?

If a human resources representative asks you any of these questions, they may be violating your rights. The only questions an interviewer should pose to you are those that are related to a bona fide occupational qualification. While it can be difficult to prove this, that doesn’t mean you shouldn’t talk to an employment attorney.

When Similar Questions May Be Legal

Some questions may be uncomfortable to answer, but not illegal. The legality often depends on how they are asked and whether they relate to legitimate job requirements.

Examples of questions that come across as illegal but are actually permissible include:

• Conviction record: Employers can ask about your conviction record, but not your arrest record
• Bank accounts: Employers can only ask if you have a bank account if it is permitted under both the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996
• Addiction and recovery: Asking if you drink or do drugs may violate the Americans with Disabilities Act (ADA) if you are a recovering addict
• Disability vs. ability to perform duties: Employers may not ask job seekers whether they have disabilities, but may ask if the applicant is able to perform their job duties with “reasonable accommodations” by the employer
• Language: Employers can’t ask whether a job candidate‘s first language is English, but can inquire whether the candidate can read and write English fluently if the job requires those skills

This is not an exhaustive list, and other types of illegal questions may occur.

When Age or Other Protected Characteristics May Be Relevant

There are situations in which certain factors may be relevant to a position’s duties. For example, age can be a legal requirement for some roles. You must be of legal working age to be employed at a bar and serve alcohol, for instance.

Employers can also add age requirements for positions requiring employees to operate heavy machinery. With modeling jobs targeting a particular age group, an employer can make age one of the job requirements.

What Should You Do if You Are Asked Inappropriate Questions?

It can be extremely awkward for you if a potential employer asks an illegal question during a job interview. How you handle it and how you react can affect whether you get the job.

You have several options when you are face-to-face with an interviewer who asks inappropriate questions:

• Answer the question truthfully and hope for the best: If you can honestly give the answer they want and feel comfortable doing so, go ahead and answer
• Refuse to answer the question: You can decline to answer without giving a reason or tactfully inform the employer that their question is inappropriate, such as stating, “I’d prefer to focus on my qualifications for the role”
• File a claim after the interview: If you are denied the job and believe it was because of the illegal question, you can contact your local Equal Employment Opportunity office​ and file a discrimination charge and/or lodge a formal complaint with the company’s Human Resources department

Let’s say you’re interviewing for a barista position. You have excellent qualifications, and the interview is going well. Then the hiring manager asks if you’re planning on having children, and you respond that you and your partner are currently trying to get pregnant. Days later, you learn that you didn’t get the job.

If you believe the company would have hired you had you not answered that question, you may want to file a discrimination claim. If so, it’s a good idea to meet with an experienced employment attorney.

What Employers Can Consider During an Interview

While employers cannot discriminate based on protected characteristics, they have broad latitude when making hiring decisions. This extends to the way they interview candidates. They can choose candidates based on experience, education, interview performance, or subjective factors like “cultural fit.” This makes it challenging to prove that a company discriminated against a potential job candidate.

Examples of Legal Interview Questions

The differences between legal and illegal interview questions can be tough to spot. Knowing common acceptable queries makes it easier to identify discriminatory questions.

Some common interview questions employers ask during the hiring process include:

• Are you authorized to work in the United States?
• What languages do you speak fluently? (if relevant to the job)
• Are you able to work the required hours for this position?
• Can you perform the essential functions of this job with or without reasonable accommodation?
• Have you ever been convicted of a crime? (In some states, this is restricted)
• What are your salary expectations?
• Why do you want to work for this company?
• Describe your relevant work experience
• Do you understand the job description?

These questions focus on your qualifications and ability to do the job, not your personal characteristics or membership in a protected class. Questions that are specifically job-related are permissible. Questions about your sexual orientation, gender identity, or medical history are not.

If an interviewer asks questions about your protected, personal characteristics, contact an experienced employment lawyer. This is especially true if you didn’t get the job and believe it is due to discrimination.

Laws That Protect You From Employment Discrimination

Companies are not allowed to discriminate against employees or potential employees. This is the case from the beginning of the hiring process through separation and termination. There are federal and state laws prohibiting discrimination based on certain personal characteristics.

These characteristics vary depending on whether you’re looking at federal laws or specific state laws. If an employer violates any of these laws, they can face fines, penalties, and injunctions.

Many forms of discrimination​ are illegal under federal, state, and local employment laws. Federal employment discrimination laws​ protect individuals from disparate treatment based on specific characteristics. Anti-discrimination laws refer to these classes as “protected categories” or, more commonly, “protected classes.”

Some of the federal anti-discrimination laws include:

• Title VII of the Civil Rights Act of 1964​
• Americans with Disabilities Act (ADA)​
• Age Discrimination in Employment Act (ADEA)​
• Pregnancy Discrimination Act of 1978​
• Genetic Information Nondiscrimination Act of 2008​

These laws protect citizens from different types of discrimination. For example, the ADA protects people with physical and mental disabilities. If an employer refuses to hire or promote someone because they have a disability, it constitutes discrimination.

What Are the Protected Categories?

Federal and state laws prohibit discrimination based on very specific personal characteristics. To succeed in an employment discrimination lawsuit, you must first prove that you belong to one of these protected classes.

The protected characteristics include, but are not limited to, the following:

• Race or ethnicity
• Color
• Sex
• Religion
• National origin
• Military service
• Disability
• Age (over 40)
• Pregnancy
• Genetic information

Employers cannot deny you a job because you belong to any of these protected categories, unless you would be incapable of performing the job’s duties. An interviewer who asks questions about them is treading on thin legal ice and exposing the employer to a discrimination claim.

Not All Employers Are Subject to the Anti-Discrimination Laws

All employers are prohibited from discriminating against potential and existing employees. This applies to hiring decisions, salary and benefits, and promotions. However, only employers with a certain number of employees are subject to enforcement.

According to federal anti-discrimination laws, employers who meet the following criteria are subject to enforcement:

• Title VII: 15 or more employees
• ADA: 15 or more employees
• ADEA: 20 or more employees
• Pregnancy Discrimination Act: 15 or more employees

Even if a company does not meet this threshold, they are still expected to obey the law. The only difference is that the government will not enforce the anti-discrimination laws in the same manner.

Additional Protections Under State Law

Employers must follow not only the federal anti-discrimination laws but also the state laws. Every state has its own set of employment discrimination laws that protect workers (and prospective employees) from discrimination and unfair treatment.

Some state laws cover more protected classes than the federal laws. Some of these protected characteristics include:

• Sexual orientation
• Gender identity
• Criminal record
• Marital status
• Political affiliation
• Smoking status
• Off-duty conduct

Since every state is different, it’s important to be aware of its unique laws. If you have any doubts or concerns, consider speaking with a local employment or civil rights attorney to confirm your state laws.

What Are Your Options if a Potential Employer Asks Illegal Questions in an Interview?

Some job interviews go off without a hitch. If an employer gets to the point where they want to interview you, they must be interested in hiring you. They can only learn so much from a resume and cover letter, and once they meet you in person or on Zoom, they may decide that you aren’t a good fit. They still can’t ask illegal questions.

If the person you’re interviewing with asks you questions that seem illegal, there are several things you can do. The option you choose depends on several factors, including whether you get the job.

If an interviewer poses questions to you that are illegal, you have various options, including:

• File an EEOC discrimination charge (required before filing a lawsuit)
• File a complaint with state or local civil rights agencies
• Lodge a complaint with the company’s HR department
• Pursue settlement negotiations through an attorney
• File a lawsuit (only after completing the EEOC process)

You must exhaust all administrative options before you file a lawsuit against a discriminatory employer.

Proving discrimination as a job candidate can be a complicated process. Prospective employers may justify their hiring decisions with legitimate grounds unrelated to discrimination. For help determining how anti-discrimination laws might apply to your situation, consider reaching out to an employment attorney.

Documentation is Key for a Successful Discrimination Case

Regardless of the type of action you take after an unfortunate interview, documentation is key. You must prove that the company either intentionally or negligently discriminated against you to succeed in your legal claim.

Some people take notes during an employment interview. This is always just to prove discrimination, but rather so they can refresh their memory later. Regardless of your reason, taking notes is something recommended for every interview. If the interviewer asks an illegal question, you’ll have a record of it. This will be critical if you decide to pursue a discrimination claim.

Can You Record an Interview?

It may be tempting to record your interview for later perusal, but this is illegal in some states without the other party’s consent. As of 2026, 38 states allow you to record a conversation without the other party’s permission.

In the other states (two-party consent states), you must get permission from all of the people present before you record a conversation. Conversations recorded illegally in these states won’t be admissible in any legal action. In fact, you may face consequences if the other parties learn that you recorded them.

Filing an EEOC Discrimination Claim

Filing an EEOC claim often starts with a visit to a local EEOC office. Bring all documents that might relate to your claim with you. You might not have anything if it’s due to discriminatory questions, but you could bring a written list of what you were asked.

An EEOC employee will help you determine whether you want to file a formal complaint (called a “charge”) of discrimination. You must file a charge​ within 180 days of the alleged discrimination. If the charge is also covered by state or local laws, this deadline is extended to 300 days.

Once you file a charge, the EEOC will contact the business (typically within 10 days) and investigate what happened. Depending on the results of its investigation, the EEOC may bring a civil rights action against the business or seek a settlement on your behalf.

If the EEOC decides not to file its lawsuit and can’t reach a settlement, it will notify you of your right to sue. Once you have that, you can file a lawsuit in state or federal court. For this, you’ll want to retain an employment lawyer.

Filing a Discrimination Lawsuit

After receiving your right-to-sue letter from the EEOC, the next step is to file a complaint with the court. The complaint outlines your claims and the facts supporting them. The employer will respond, which begins the litigation process. This can be extremely complex.

Proving Employment Discrimination

Proving hiring discrimination is challenging. You need evidence showing the employer didn’t hire you because you’re a member of a protected class.

Most cases rely on circumstantial evidence rather than direct proof. For example, if you were highly qualified and the interview went very well, but the employer hired a less qualified candidate who isn’t in your protected class, you may be able to infer that discrimination occurred.

The legal process involves a burden-shifting framework where you first must show:

• You’re a member of a protected class
• You met the job requirements
• You weren’t hired
• Someone outside your protected class was hired

If you establish these basics, the employer must provide a legitimate, non-discriminatory reason for their decision. You then have the opportunity to prove that their reason is just a cover for discrimination. These cases are complex, which is why working with an experienced employment discrimination attorney is highly recommended.

What To Expect if You Win a Discrimination Case

If you win your discrimination lawsuit, you will recover damages. The types of damages you received depend on several factors, including the nature of the discrimination and any losses you suffered.

In most discrimination lawsuits, plaintiffs recover some or all of the following:

• Compensatory damages: Money to compensate for losses, including back pay, lost benefits, and out-of-pocket expenses
• Job offer: The court may order the employer to hire you for the position
• Punitive damages: In rare cases where the employer acted maliciously, the jury may award punitive damages to punish extreme misconduct (caps may apply)
• Attorney’s fees and costs: You may recover court costs, expert witness fees, and reasonable attorney’s fees

An initial award amount from a jury may be challenged or reduced.

What if You Get the Job Despite the Illegal Interview Questions?

Just because the interviewer asked illegal questions doesn’t necessarily mean you won’t get the job. In fact, the answers you give to the illegal questions may make the hiring manager want to hire you even more.

What should you do if the company makes you a job offer? There may be a part of you that wants to throw the offer right back in the company’s face. After all, who wants to work for a company that would ask that sort of question anyway?

The truth of the matter is that you may really want the job, despite how the interview went. You may know people who work for the company and report that, for the most part, nobody there practices discrimination.

If this is the case, you’ll have to ask yourself a difficult question: Should you still report the company for possible discrimination? Recovering damages is not the only reason for filing a report. You may want to help pave the way for future job applicants so that they don’t go through what you did or report the illegal questioning on principle.

There are some important considerations you must remember when it comes to reporting discriminatory behavior by a prospective employer:

• Do you think the company discriminated against you despite making the job offer? For example, did they offer you a lower salary because of your race, age, or other personal characteristic?
• Did you get the impression that discrimination is par for the course at the company you interviewed with?
• Do you fear that the company may discriminate against you in the future?

Only you can decide whether to pursue a discrimination claim. There is no guarantee that you will receive compensation even if you prevail in your claim. Your decision may come down to what you feel is right.

What if the Company Retaliates Against You for Filing a Charge?

Potential employers are likely to be upset if a job applicant files a discrimination charge with the EEOC. Some may decide to retaliate against the person filing the claim. A Fortune 500 company with thousands of employees may be used to dealing with EEOC claims, but a smaller company may take the claim more personally.

Regardless of how angry the company may be, the law prohibits it from retaliating against the employee who made the charge. Sadly, this doesn’t mean it never happens.

Some of the more common types of retaliation include:

• Refusing to hire you (or not honoring a job offer)
• Giving a negative reference
• Denying a promotion or lateral move
• Threatening to file legal action against you
• Blacklisting you within your industry
• Refusing to pay earned commissions or bonuses

If you experience any of these things after filing an EEOC discrimination claim (or lawsuit), make sure you let your attorney know. You can take legal action against the company for retaliation.

Costs for Hiring an Employment Attorney

Most attorneys who handle this type of case work on a contingency basis. Instead of taking any upfront payments, a lawyer gets a percentage of whatever you recover, often between 33% and 40%. The rate should be agreed on before you sign a retainer agreement.

While there is a chance your case will go to trial, most cases settle out of court. This is usually in the best interest of everybody involved.

Some of the reasons the defendant may want to settle include:

• There’s always the chance they’ll lose at trial and have to pay damages and attorney fees
• The company will not want the negative publicity associated with an EEOC lawsuit
• It’s often cheaper to settle than bear the costs of a long trial

If your case settles, your attorney will take a portion of your settlement proceeds. They get nothing if you lose.

Consider Consulting a Lawyer

A job interview process should go smoothly and end with you getting your dream job. If you face illegal job interview questions or questions that make you uncomfortable, trust your instincts. Questions relating to your membership in a protected class are inappropriate and could reveal a potential employer’s discriminatory intent.

Don’t take employment discrimination lightly. At the very least, contact an experienced employment lawyer in your area. They can give you legal advice and discuss your rights in the context of an attorney-client relationship. An employment attorney​ can help you get the relief you are legally entitled to.