Questions they can’t ask, and what to say
US employers may not base hiring on these topics, and asking about them before an offer is where most trouble starts (EEOC pre-employment inquiry guidance; the ADA bars medical questions outright before an offer; salary history is banned in many states). Each row shows the lawful question an interviewer is allowed to ask instead. This is general information, not legal advice.
If a real interviewer asks anyway
Any off-limits question, when you still want the job
"I'd rather focus on how I can do the work — can I tell you how I'd approach the first 90 days?"
Family, marital status or children
"I have no constraints that would affect my availability for this role. Is there a travel or on-call expectation I should know about?"
Age, or "how much longer do you plan to work"
"I'm planning my next several years around work like this. What does success in the first year look like?"
Health, disability or sick days
"I can perform all the essential functions of this role. Happy to talk through what the day-to-day involves."
Salary history (illegal to ask in many states)
"I'm targeting $X based on the market for this scope. What range is budgeted for the role?"
Citizenship or "where are you from"
"I'm authorized to work in the US. Was there something about my background you wanted to dig into?"
If it keeps happening
Note it down. A panel that repeatedly probes protected ground is telling you something real about the workplace — that is data for your decision, not just theirs.
The protected topics
Age
The ADEA protects workers 40 and over; age is irrelevant to whether you can do the job.
Allowed instead: Ask about years of relevant experience, or verify a legal minimum age for the role.
Race, ethnicity, national origin or citizenship
Title VII protects race, color and national origin. Work authorization is the only job-related question here.
Allowed instead: "Are you authorized to work in the United States?" and "Will you now or in the future require sponsorship?"
Religion
Title VII protects religious belief and practice; scheduling is the only job-related concern.
Allowed instead: "This role requires occasional weekend coverage — can you work that schedule?"
Sex, gender identity or sexual orientation
Title VII covers sex, and Bostock extended that to sexual orientation and gender identity.
Allowed instead: Nothing here is job-related. Ask about the work.
Marital status, pregnancy or family plans
The PDA and Title VII bar these; they are used to screen out caregivers, overwhelmingly women.
Allowed instead: "This role involves roughly 20% travel — are you able to meet that?"
Disability, medical or mental health
The ADA prohibits disability-related questions and medical exams before a conditional offer — full stop.
Allowed instead: "Can you perform the essential functions of this job, with or without reasonable accommodation?"
Genetic or family medical history
GINA prohibits requesting genetic information, which includes family medical history.
Allowed instead: Nothing here is job-related.
Height and weight
Height/weight screens disproportionately exclude women and some national-origin groups, and rarely relate to the job.
Allowed instead: Ask about the actual physical requirement: "Can you lift 50 lbs repeatedly?"
Salary history
Banned in many states and cities because it carries past pay discrimination into the new job.
Allowed instead: "What compensation are you looking for?" — and share the posted range.
Arrests and criminal history
Arrests are not convictions, and ban-the-box laws restrict when (or whether) this can be asked at all.
Allowed instead: Leave it to the post-offer background check the employer actually runs.
Credit and financial status
Credit screens correlate with race and disability status and are rarely job-related.
Allowed instead: Nothing here is job-related for most roles.
Union membership or political affiliation
The NLRA protects concerted activity; political affiliation is protected in many states.
Allowed instead: Nothing here is job-related.
Type of military discharge
Discharge status can proxy for disability or sexual orientation. Skills and service dates are fair game.
Allowed instead: "What did you do in the service, and what skills came out of it?"
Photographs
A photo reveals race, age, sex and often disability. It is a post-offer identification matter at most.
Allowed instead: Nothing here is job-related.
Clubs, societies and lodges
Membership lists often reveal religion, national origin or sex — which is why EEOC says avoid the open-ended version.
Allowed instead: "Which professional organizations relevant to this role are you active in?"
Rehearse with a panel that is screened never to ask any of these, then get a scorecard on your answers.
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