{"id":357749,"date":"2022-08-31T10:20:45","date_gmt":"2022-08-31T15:20:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/hiring-process\/can-i-sue-for-illegal-interview-questions.html"},"modified":"2026-07-06T11:52:31","modified_gmt":"2026-07-06T16:52:31","slug":"can-i-sue-for-illegal-interview-questions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/can-i-sue-for-illegal-interview-questions.html","title":{"rendered":"Can I Sue for Illegal Interview Questions?"},"content":{"rendered":"\n
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Can You Sue for Illegal Interview Questions?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

If an employer asks you illegal questions during a job interview and you subsequently do not land the job, you have several legal options available to you. These include filing a discrimination charge with the U.S. Equal Employment Opportunity Commission<\/span> (EEOC<\/span>), reporting the violation to state or local agencies, or ultimately filing a lawsuit.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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

What can you do if an employer asks you questions that come across as illegal? Even if the question itself doesn\u2019t seem discriminatory<\/a>, if it makes you uncomfortable, there\u2019s a chance the interviewer shouldn\u2019t be asking the question.<\/p>\n

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<\/span><\/a>. We will also discuss the other options available to you, such as filing a charge with the Equal Employment Opportunity Commission (EEOC<\/span>).<\/p>\n

If you believe that a potential employer has discriminated against you, consider speaking with a local employment attorney<\/a>. They\u2019ll review your case and guide you to the best possible option.<\/p>\n

What Interview Questions Are Considered Illegal?<\/h2>\n

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<\/span><\/a>.<\/p>\n

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\u2019s 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<\/span>. This roundabout way of eliciting information is legal, but asking questions unrelated to the position and\u00a0job duties is not<\/a>.<\/p>\n

Illegal interview questions<\/span> 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<\/span>, disability, or national origin<\/span><\/a>. Employers might use these types of questions to discriminate against job applicants<\/span>.<\/p>\n

Examples of Illegal Interview Questions<\/span><\/h3>\n

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.<\/p>\n

The issue of illegal interview questions<\/span> 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<\/a>.<\/p>\n

Examples of discriminatory questions<\/span> include:<\/p>\n