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Five questions that are illegal to be asked in job interviews and what to do if they get brought up

Home> News> US News

Published 13:39 13 Mar 2025 GMT

Five questions that are illegal to be asked in job interviews and what to do if they get brought up

HR expert and owner of her own business, Leigh Henderson, has shared her expertise with job hunters in the US

Joe Yates

Joe Yates

Whether you're being interviewed by Steve Jobs, a federal worker or a bar manager, there are five things that they are legally not allowed to ask you.

Interviews are daunting at the best of time, but when you're going into a job uneasy that you're going to be asked a question that might work against, it doesn't make it a pleasant experience.

But if you do get asked one of these questions, there are ways around it, according to HR expert Leigh Henderson.

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So, let's get into them.

Where are you from?

According to the CEO of HRManifesto, in San Antonio, Texas, asking 'where are you from?', 'what is your first language?', 'do you speak English at home?', and 'where is your accent from?', are questions that should never be posed.

In an article written for Business Insider by the 43-year-old, she shared that there is 'no reason to ask' them, and that they are 'off-limits'.

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"Sometimes, an employer might see a difficult-to-pronounce name and ask about it when making small talk. Again, small talk isn't an excuse," she wrote.

So how should you respond?

Henderson advised that you should 'redirect the conversation while avoiding personal disclosure'.

Her recommended response was: "I'm excited about the opportunity to work here and would love to focus on my professional background, which includes (relevant experience). I'm happy to answer any questions about how I can contribute to your team."

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A recruiter asking you where you are from is a big no no, according to Leigh Henderson (Getty stock)
A recruiter asking you where you are from is a big no no, according to Leigh Henderson (Getty stock)

How old are you?

Yes, believe it or not it is illegal to ask candidates how old they are, and what year they were born... the HR expert advised.

This is because US labor laws prevent discrimination by age, although there are some exceptions - for instance, if you look under the age of 21 and are trying to find employment as a bartender.

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"They might say, Are you even old enough to work?' - these questions can be used to belittle an interviewee, and the interviewer may wrongly associate looking young with being inexperienced," the Texan claims.

"For an older interviewee, it could be asked out of concern that the applicant won't be able to keep up with technology, a fast-paced environment, or fit into a younger company culture."

Instead, employers should ask how many relevant professional experience a candidate has.

If you're asked directly about your age, Henderson explained you should answer it like so: "I prefer to focus on my qualifications and the value I bring to this role. I have X years of experience directly related to this position, including (key skills or relevant achievements). I'd be happy to elaborate on them."

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If your potential employer asks you how old you are during an interview, they could be discriminating you because of your age (Getty stock)
If your potential employer asks you how old you are during an interview, they could be discriminating you because of your age (Getty stock)

What are your religious beliefs?

"Religion is protected," states Henderson.

An employer asking you whether you go to church, and what holidays you take part in is a 'huge red flag'.

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"When faced with inappropriate or illegal questions during an interview, the key is to stay calm, professional, and confident while gently steering the conversation back to your qualifications and value," she explained for the publication.

If your interviewer asks you discriminatory questions you should flag it with HR, escalate it within the company, or 'file a complaint with the Equal Employment Opportunity Commission'.

How many children have you got?

It might seem like nice small talk, but if an interviewer is asking you 'do you have kids?' then they could be doing so to 'gauge how much time someone can dedicate to the office', our HR expert explained.

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"They might not want to hire someone with commitments outside work," Henderson writes.

An interviewer asking a candidate if they have kids is illegal in the US (Getty stock)
An interviewer asking a candidate if they have kids is illegal in the US (Getty stock)

Are you married?

This one I don't agree with as much, although it's still illegal for an interviewer to ask whether you are married or not.

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"An interviewer might wonder whether they need to pay the candidate what they're worth, assuming they have a working spouse who could support them," Henderson shared.

So, how should you redirect the question? The Texas-based HR wiz believes responding with this could be the answer: "I prefer to keep my personal life private, but I'd love to discuss how my skills and experience align with the needs of this role."

Good luck in your next interview guys!

Featured Image Credit: Getty stock

Topics: Business, News, US News, Jobs

Joe Yates
Joe Yates

Joe is a journalist for UNILAD, who particularly enjoys writing about crime. He has worked in journalism for five years, and has covered everything from murder trials to celeb news.

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@JMYjourno

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