As hiring practices evolve and employment law continues to adapt, the importance of asking the right interview questions has never been greater. At a recent law association conference, I was reminded just how common it is for even seasoned professionals to stumble into legally risky territory during interviews.
One attorney candidly shared, “I ask every candidate if they were hit as a child.” My shock was immediate. Not only is this question deeply personal, but it’s also completely irrelevant to job performance—and, more importantly, it’s illegal. When I asked how this related to job success and the hiring process, he replied, “I like to see how people react to being put on the spot.” There are far better and, more importantly, legal ways to assess a candidate’s composure under pressure.
Many employers, often unintentionally, ask questions that could open the door to discrimination claims or even lawsuits. In 2025, with employment-related lawsuits on the rise and the U.S. Equal Employment Opportunity Commission (EEOC) more vigilant than ever, it’s crucial to know what you can and cannot ask.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal questions, consult your attorney.
5 Common Interview Questions to Avoid (and What to Ask Instead)
1. When did you graduate from college?
This question can reveal a candidate’s age, which is protected under the The Age Discrimination in Employment Act (ADEA). Ask instead: “Do you have a college degree?” or “Are you over the age of 18?” Focus on key qualifications required for the role, not candidate’s age.
2. Where did you grow up?
Questions about birthplace or upbringing can be seen as probing for national origin, which is protected under Title VII of the Civil Rights Act. Ask instead: “Are you legally authorized to work in the United States?” Keep questions job-related and legally compliant.
3. How many kids do you have?
This question touches on family status, marital status, and potentially sexual orientation—all protected categories. Ask instead: “Do you have any commitments that could prevent you from meeting the work schedule we discussed?” It’s important to assess availability without delving into a candidate’s personal life.
4. Have you ever been arrested?
In most states, you can only ask about convictions, not arrests, as arrests alone do not indicate guilt and can disproportionately impact different groups. Ask instead: “Have you ever been convicted of a crime that would directly impact your ability to perform this job?” Be specific and relevant to the role.
5. Do you have a car?
Unless the job specifically requires driving, this question can be seen as discriminatory based on economic status or disability. Ask instead: “Is there anything that could interfere with your ability to reliably get to work or travel to client sites as required?” Focus on job requirements, not personal assets.
Best Practices for 2026: Stay Compliant and Inclusive
- Standardize Your Process: Use structured interview guides and ask every candidate the same set of job-related questions. This reduces bias and ensures fairness. Be sure you’re protecting your business by creating interview questions and scripts for your staff to follow. Hireology’s applicant tracking system does this for you by ensuring that the phone screen and interview questions approved by your HR leaders are available to hiring managers to follow during interviews.
- Train Your Team: Regularly update your hiring managers on current employment laws and best practices. Even well-meaning questions can be problematic if they stray into protected territory.
- Document Everything: Keep records of interview questions and candidate responses. This protects your organization in the event of a dispute.
- Prioritize Job Relevance: Every question should tie directly to the skills, experience, or attributes needed for the role.
Why It Matters
The legal landscape is only getting more complex. High-profile lawsuits—like the Abercrombie & Fitch case about religious discrimination—underscore the risks of getting it wrong. But beyond compliance, asking the right questions helps you build a strong employer brand with an inclusive, equitable, and high-performing team.
Explore how Hireology—purpose‑built for your industry—empowers your team to create compliant, role‑specific interview scripts, automate workflows, and streamline every step of hiring from application to offer.
