A provocative question may linger in many job-seekers’ minds: why do illegal interview questions still show up in 2025? Despite years of guidance and evolving workplace norms, too many employers continue to slip into restricted territory-sometimes out of bias, sometimes out of habit, and sometimes because they simply don’t know better. The consequences, however, fall squarely on the applicant’s shoulders if they don’t know how to respond.
For today’s candidates, knowing what is off-limits is no longer optional-it’s a core career skill. The laws protecting workers and applicants-from age to religion to national origin-remain firmly in place, and experts underscore that staying composed, redirecting professionally, and documenting concerns can help protect both opportunities and rights . Leigh Henderson, CEO of HRManifesto, succinctly summed it up to Business Insider when she said, “Illegal questions have no place in a job interview.”The following list deconstructs the most common interview pitfalls, what’s actually happening beneath the surface, and the smartest protective moves working professionals can make right now.
1. Age Questions Remain One of the Most Common Red Flags
Questions such as “How old are you?” and “What year were you born?” remain taboos in interviews. Henderson said interviewers often lead into the questions by making comments about someone looking young or older, but those comments can quickly cross the line into discrimination. Such questions are prohibited under the Age Discrimination in Employment Act. Research proves that age bias endures. In fact, the Harvard Business Review, citing an AARP study, reports that almost two-thirds of workers older than 45 say they have experienced age discrimination. Even callback data indicates lower response rates among older applicants, particularly women. Applicants can take a cue from Henderson and deflect by talking squarely about experience and value. As an example, she suggests saying, “I prefer to focus on my qualifications and the value I bring to this role. I have X years of experience…” That response sidesteps engaging in age disclosure while keeping the conversation professional. Removing the graduation year from the résumé and emphasizing energy, curiosity, and consulting‑style questioningother strategies identified in recent guidancealso can help take age issues out of the equation.
2. Marital Status Should Never Come Up
Questions about a candidate’s marital status, partner status, or wedding plans are, quite simply, personal and irrelevant. Henderson emphasized that interviewers make poor assumptions about compensation, stability, or distraction based on marital status. Employment law reinforces this: marital status has nothing to do with job performance, and probing questions about it can leave employers open to discrimination claims. The best strategy is a polite boundary. Henderson suggests saying, “I like to keep my personal life private, but I’d certainly be happy discussing how my skills and experience match your needs.” That pivot helps the tone stay warm, yet professional, and maintains the standard of job‑related conversation. Pivoting like this often becomes easier for candidates to avoid providing personal information in a way that escalates tension.
3. Parenting and Family Planning Remain Taboo
“Oh, do you have kids?” might be small talk, but Henderson said she’s gotten the question herself in interviews, and it can easily hint at assumptions about availability, commitment, or scheduling. Federal guidelines state unequivocally that family responsibilities cannot be a factor in hiring. According to experts at Yale’s Office of Career Strategy, the legally safe version is framing this as only about work availability and not parental status. Candidates can also sidestep personal questions by directly answering the substantiveconcern hidden within. A candid reassurance such as “My personal life will not interfere with my professional responsibilities” adheres to the guidance of hiring professionals without disclosing personal information.
4. Questions About National Origin or Language Are Strictly Regulated
According to Henderson, questions that raise major red flags include “Where are you from?” and “What’s your first language?”, even if they come off as casual. They can be indicative of assumptions based on ethnicity or cultural background, which would fall under Title VII protections. The EEOC guidance on national origin discrimination defines national origin as including physical, cultural, or linguistic characteristics and even applies to perceived or assumed backgrounds. These laws protect applicants regardless of their immigration or citizenship status. A sound redirect, Henderson says, is to say, “I’d prefer to talk about my professional background, which involves .” This maintains rapport without disclosure into one’s personal life. It also reinforces a professional boundary that many applicants are uncomfortable setting.
5. Religion Is a Protected Category-No Exceptions
Religion‑related questions, such as “Do you go to church?” or “What holidays do you celebrate?” are illegal unless the position is within an exempt religious organization. The compliance manuals for EEOC explain that religious discrimination includes beliefs, practices, or lack of beliefs. Henderson stresses that candidates can ask what holidays are covered, and employers can answer strictly in terms of company policy. But the interviewer cannot probe the applicant’s beliefs. But the safest move when an interviewer crosses a line is to calmly redirect toward work qualifications. If a question is pressed, it’s a serious red flag, Henderson warns, one showing a deeper workplace culture issue.
6. Disability‑Related Questions Must Be Avoided Until a Conditional Offer
Federal law prohibits any pre‑offer questions about medical conditions, mental health, prescription drug use, or prior workers’ compensation history. These are covered under the Americans with Disabilities Act. Legal counsel through employment resources advises that an employer may only ask whether a candidate can perform the essential functions of a job with or without reasonable accommodation. For candidates, responding with confidence about ability to perform the role in question keeps the conversation legal and does not disclose unnecessary private medical information.
7. Questions of Citizenship and Accent have Specific Legal Boundaries
Questions like “Are you a U.S. citizen?” or “Where were your parents born?” are still illegal under federal protections. Employers can only ask if a candidate is authorized to work in the U.S. The EEOC has made clear that even perceptions of national originsuch as assumptions based on accentare covered under Title VII. Employers bear the burden of demonstrating that an accent interferes materially with job performance, an exceptionally high bar. For applicants, keeping the focus on job‑related communication skills rather than personal heritage is both legally protective and professionally strategic.
8. What To Do When an Interview Crosses a Line
Henderson emphasized that staying calm, redirecting, and maintaining a professional tone is important in the conversation. If inappropriate questions continue, candidates should document the exchange immediately after the interview. Federal regulations allow applicants to escalate by reporting to HR, filing an internal concern, or submitting a charge to the EEOC. The agency points out that discrimination laws protect applicants just as strongly as employees.
When Henderson says, “If a company asks you any of these questions, it’s a huge red flag,” she underlines the basic fact that candidates are sizing up employers every bit as much as employers are sizing up candidates. Knowing what’s out of bounds is a kind of professional protection-and peace of mind. Indeed, today’s candidates operate under new hiring standards, requiring professionalism, a sense of legality, and confidence to go hand in glove. By quickly identifying illegal questions, responding clearly to those posed, and holding firm on boundaries, job seekers protect their rights and their long-term career trajectory. Knowledge remains one of the most powerful tools in any interviewand it’s one every applicant deserves to carry.”
