“So, do you have kids?” It feels like friendly small talk. In an interview, it’s a legal landmine. Every year, well-meaning managers ask questions that expose their company to discrimination claims — usually without realizing it. Here are the 15 worst offenders and what to ask instead.
The 15 questions (and why each is risky)
- “Are you married? Do you have kids?” → family status.
- “How old are you?” / “What year did you graduate?” → age.
- “Where are you from originally?” → national origin.
- “Do you have any disabilities?” → disability (ask instead: “Can you perform the essential functions of this job, with or without accommodation?”).
- “What church do you attend?” → religion.
- “Have you ever been arrested?” → criminal history (many states restrict this; “convictions” rules vary).
- “Are you a U.S. citizen?” → citizenship (ask instead: “Are you authorized to work in the U.S.?”).
- “What does your spouse do?” → family status.
- “How many sick days did you take last year?” → disability/medical.
- “Do you drink or smoke?” → disability.
- “What clubs or organizations do you belong to?” → can reveal protected affiliations.
- “When did you graduate high school?” → age (backdoor age question).
- “What’s your maiden name?” → family status / national origin.
- “Do you plan to have children?” → family status / sex.
- “Have you filed a workers’ comp claim before?” → retaliation risk.
The one-question test
Before you ask anything personal, run it through this filter: “Does this relate to the candidate’s ability to do this job?” If not, don’t ask it.
What to do if you slip
Don’t panic, don’t over-apologize on the record. Redirect to a job-related question, document that the answer didn’t factor into the decision, and brief your hiring managers with this list.
This is general information, not legal advice. Employment law varies by state — confirm with an employment attorney.