Questions Your Employer Cannot Ask in a Job Interview
The interview is going well. Then the interviewer asks: “Do you plan to have children?” “When did you graduate from college?” “What country are you from originally?” “Do you have any health conditions?” Each of these questions may violate California law — and each one tells you something about the employer asking it.
A job interview is not a conversation between equals. The employer has something the applicant wants — a job — and the applicant is in a position of vulnerability. Questions that seem casual can be deeply intrusive, and questions that seem informational can be discriminatory in purpose.
California law does not provide an explicit list of prohibited interview questions. What it provides is a prohibition on discrimination based on protected characteristics — and a question that is designed to elicit information about a protected characteristic is evidence of discriminatory intent when the applicant is not hired.
FEHA regulations identify categories of inquiries that are “presumptively unlawful” when they are used in the hiring process and when they relate to a protected characteristic. An employer that asks these questions and then declines to hire the applicant has created an inference of discrimination.
Questions about age
An employer may not ask: “How old are you?” “When did you graduate from high school?” “When did you graduate from college?” “How long until you plan to retire?”
Graduation dates are proxies for age. An applicant who graduated from college in 1985 is almost certainly over fifty. An employer that asks for graduation dates and then hires a younger candidate has used age-related information in the hiring decision.
The employer may ask whether the applicant meets the minimum age for the position (if one applies) and whether they are legally authorized to work. It may not ask questions designed to reveal the applicant’s age.
Questions about pregnancy, family, and marital status
An employer may not ask: “Are you pregnant?” “Do you plan to have children?” “Are you married?” “Do you have a spouse or partner?” “How many children do you have?” “What are your childcare arrangements?”
These questions are directed at the applicant’s family status and reproductive plans — both of which are protected under FEHA. An employer that learns an applicant is pregnant, is planning a family, or is a single parent, and that then declines to hire the applicant, has used protected information in the hiring decision.
The employer may describe the job’s schedule, travel requirements, and attendance expectations and ask whether the applicant can meet them. It may not ask questions designed to determine whether the applicant’s family status will interfere.
Questions about disability and health
An employer may not ask: “Do you have a disability?” “What medications do you take?” “Have you ever been hospitalized?” “Do you have any health conditions we should know about?” “Have you ever filed a workers’ compensation claim?”
Pre-offer, the employer may not make any inquiry that is likely to elicit information about a disability. It may ask whether the applicant can perform the essential functions of the job, with or without accommodation. It may not ask about the applicant’s medical history, current treatment, or physical or mental health status.
After a conditional offer, the employer may require a medical examination or ask health-related questions — but only if it subjects all entering employees in the same job category to the same examination or inquiry. Any medical information obtained must be kept confidential.
Questions about national origin, ethnicity, and citizenship
An employer may not ask: “Where are you from originally?” “What is your native language?” “Where were you born?” “Are you a U.S. citizen?”
The employer may ask: “Are you authorized to work in the United States?” This question is lawful and is required by federal law (Form I-9). But the question must be asked of all applicants, not selectively — and it must not be a pretext for inquiring about national origin.
An employer that asks “where are you from?” to an applicant with an accent, and does not ask the same question of applicants without accents, is making an inquiry based on national origin.
Questions about religion
An employer may not ask: “What religion do you practice?” “What church do you attend?” “Do you observe any religious holidays?” “Would you be comfortable working in a faith-based environment?”
The employer may describe the job’s schedule — including any requirements to work on weekends or holidays — and ask whether the applicant can meet the schedule. If the applicant discloses a religious conflict, the employer must explore whether a reasonable accommodation is possible before declining to hire.
Questions about sexual orientation and gender identity
An employer may not ask: “Are you gay?” “Are you transgender?” “What pronouns do you use?” (as a screening question, not as a respectful gesture).
FEHA prohibits discrimination based on sexual orientation, gender identity, and gender expression. Questions designed to elicit this information in the hiring process are presumptively discriminatory.
Questions about criminal history
Under the Fair Chance Act, an employer with five or more employees may not ask about criminal history before making a conditional offer of employment. The application may not include questions about arrests, convictions, or criminal history. The interview may not include questions about criminal background. The background check may not be conducted until after the conditional offer.
Questions about salary history
Under Labor Code section 432.3, an employer may not ask about the applicant’s salary history — including prior compensation, benefits, or other forms of pay. The employer may not use salary history to determine whether to offer employment or what salary to offer. The applicant may voluntarily disclose, but the employer may not ask.
What these questions tell you
An employer that asks prohibited questions in an interview has revealed something about itself: either it does not know the law, or it does not care. In either case, the question is a data point — and if the applicant is not hired, the question becomes evidence of discriminatory motive.
An applicant who is asked a prohibited question should note the question, who asked it, and the context. The applicant is not required to answer — and may decline by redirecting: “I’d prefer to focus on my qualifications for the role.” The refusal to answer a prohibited question cannot be held against the applicant.
If an interviewer asks about your age, your pregnancy plans, your health, your national origin, your religion, your criminal history (before a conditional offer), or your salary history — the question may violate California law. You are not required to answer, and if you are not hired, the question itself becomes evidence of discriminatory intent.
This article is general information about California law and is not legal advice. Every situation turns on its particular facts.