Which of these questions can a potential employer legally ask during an interview?

Asked by: Prof. Alisa Bradtke  |  Last update: February 20, 2026
Score: 4.8/5 (5 votes)

A potential employer can legally ask questions directly related to your ability to perform the job, such as your skills, experience, and availability, but cannot ask about protected characteristics like age, race, religion, disability, or marital/family status to avoid discrimination; instead, they can ask if you're authorized to work in the U.S. or if you can meet job requirements like travel or specific hours.

Which questions can a potential employer legally ask during an interview?

May ask if candidate can meet specified work schedules or has activities, commitments, or responsibilities that may prevent him or her from meeting work attendance requirements. If such questions are asked, they must be asked of both sexes.

Which of the following is a legal question an interviewer can ask?

The legal question that an interviewer can ask a job candidate is whether they are physically able to perform the job. This question focuses on the candidate's ability to meet job requirements without discriminating against protected characteristics.

What is an illegal question to ask during an interview?

We recommend that you avoid asking applicants about personal characteristics that are protected by law, such as race, color, religion, sex, national origin or age.

What questions to ask a potential employer during an interview?

Questions to Ask an Employer During an Interview

  • Questions About the Job. • How would you describe a typical workday? ...
  • Questions About the Company. • How many employees work for the company? ...
  • Questions for the Manager. • ...
  • Questions Focused on What You Can Offer an Employer. • ...
  • Questions About the Hiring Process. •

14 Illegal Job Interview Questions to AVOID Asking | Recruitment Firm

21 related questions found

Which question asked during an interview is acceptable?

Here's a list of some acceptable questions to ask a candidate during a job interview: Can you tell me a little about yourself and your work history? Do you have any salary expectations? What do you consider to be your greatest weakness?

What are the 5 C's of interviewing?

The 5 Cs of interviewing are a framework for both candidates and employers, focusing on key attributes: Character, Competence, Culture Fit/Chemistry, Communication, and often Confidence or Contribution, helping to assess a candidate's potential beyond just skills, ensuring they are a well-rounded, valuable addition to the team. Candidates should demonstrate these qualities through clear examples (like the STAR method) to show their abilities, integrity, and fit with the company's values and team, while building rapport and projecting self-assurance.
 

What is an illegal question?

These questions may ask you to reveal your age, race, national origin, citizenship, gender, religion, marital status, sexual orientation, or arrest record.

Which of the interview questions below are considered illegal?

There are many questions that are considered to be off limits during the interview process. Federal and State laws prohibit employers from discriminating against job applicants based on their race, religion, sex, gender identity, sexual orientation, age, disability, marital status, pregnancy, etc.

What questions not to ask during an interview?

Questions to avoid in an interview:

Never ask about pay, time off, benefits, etc. (Wait until later in the process to inquire about these things.) Never ask “What does your company do?” • Never ask “If I'm hired, when can I start applying for other positions in the company?” • Never ask how quickly you can be promoted.

Which of the following questions asked by a potential employer during an interview is most likely to be illegal?

The question most likely to be illegal in a job interview is "Do you have a history of criminal convictions?" This question can lead to discrimination and may violate laws that protect job applicants. Proper interview questions should focus on job-related skills and experience rather than personal characteristics.

What are the 5 main questions asked at an interview?

Five common interview questions are: "Tell me about yourself," "What are your greatest strengths/weaknesses?", "Why do you want this job?", "Where do you see yourself in five years?", and "Why should we hire you?". These questions help interviewers understand your background, skills, motivations, and fit for the role, so preparing answers that connect your experience to the job is crucial. 

Which of the following questions may not be legal regardless of the interviewer's intent?

Interview questions about topics – such as gender, age, religion, political affiliation, race, or disability – can all be illegal, regardless of your intent.

Which of the following can an employer not legally ask during an interview?

Executive Summary: In California, it is illegal for employers to ask job applicants questions about their disability, sexual orientation, marital status, family planning, pregnancy, age, or other protected personal traits. Instead, interview questions should focus on your ability to perform the job.

What is the #1 question you have always wanted to ask a prospective employer?

That question is: “What does success look like in this job?”. It's a question that demonstrates not only your interest in the role, but also your high level of motivation to succeed and your desire to achieve the required results.

What are the 3 C's of interviewing?

The "3 C's of Interviewing" vary slightly by source, but commonly refer to Confidence, Competence, and Credibility for candidates (showing you can do the job, have the right skills, and are believable) or Clarity, Confidence, and Commitment/Control/Chemistry for interviewers (setting clear expectations, projecting confidence in the role, and ensuring a good fit). For candidates, demonstrating these through specific examples helps prove you're the right person, while for interviewers, they guide a structured, effective assessment. 

Which questions can legally be asked during an interview?

Appropriate to ask: o Verifying legal U.S. residence or work visa status. o What languages do you speak, read or write fluently? Inappropriate to ask: o What race are you? o Are you a member of a minority group?

Which one of the following questions cannot be asked in an interview?

These are questions that should NOT be asked in an interview by an employer:

  • Are you married?
  • How old are you?
  • Do you have children?
  • What is your sexual preference?
  • Do you go to church?
  • Do you have a disability? If so, what is it?
  • How much do you weigh?
  • How tall are you?

What is an illegal request?

Illegal Request . - this means that the command sent to the device is not a valid command. View Source.

What is a permissible question?

Permissible questions are those allowed by law that are deemed sufficiently important to determine that 1) the employer has adequate information about the prospective employee, and 2) the applicant possesses the education, skills, and sometimes the experience to meet the requirements of the job.

What is the difference between legal and illegal applicant interview questions?

Lawful Inquiries: “What languages do you speak, read, or write fluently?” This is only legal when the inquiry is based on a job requirement. Unlawful Inquiries: Any question that directly or indirectly relates to race or color. Unlawful Inquiries: Any question that directly or indirectly relates to a religion.

What are the three golden rules of an interview?

The three golden rules of an interview are to Be Prepared, Be Professional, and Be Yourself, focusing on thorough research, confident and positive conduct, and authentic representation to convince the employer you're the best fit for the role. Preparation involves researching the company and role; professionalism means punctuality, good body language, and a thank-you note; and being yourself involves honesty, showing genuine enthusiasm, and highlighting your unique value. 

What are the 5 star questions in an interview?

STAR interview question examples

  • Share an example of a time when you faced a difficult problem at work. ...
  • Have you ever had to make an unpopular decision? ...
  • Describe a time when you were under a lot of pressure at work. ...
  • Tell me about a mistake you've made. ...
  • Share an example of a time you had to make a difficult decision.

What are the 3 P's of interviewing?

The 3 P's of interviewing are Preparation, Practice, and Presentation. These principles help candidates approach interviews with confidence and clarity.