Job interviews aren’t just about finding the right candidate  they’re also your opportunity to showcase your company culture, values, and professionalism.

Even with the best intentions, some interview questions can cross legal and ethical boundaries. Whether due to outdated habits, unconscious bias, or simple curiosity, certain questions can make candidates uncomfortable, expose your company to legal risk, and damage your employer brand.

In today’s competitive hiring market, a respectful and structured interview process is essential.

So what should you avoid  and what should you ask instead?

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1. “Do you have kids?”

Why it’s problematic

This question can imply assumptions about availability, commitment, or gender roles. It may also constitute family status discrimination in many countries. A candidate’s parental status is not relevant to their ability to perform the job.

Ask this instead

“This position may require occasional travel or late hours. Are you comfortable with that?”

Focus on job requirements  not personal life.

2. “Where are you from originally?”

Why it’s problematic

While it may seem like small talk, this question can imply bias related to ethnicity or immigration status and may fall under national origin discrimination laws.

Ask this instead

“Are you legally authorized to work in this country?”

Keep the conversation centered on legal eligibility, not background.

3. “How old are you?” or “What year did you graduate?”

Why it’s problematic

Age should never influence hiring decisions. In many countries, asking about age can violate age discrimination laws  particularly for candidates over 40.

Ask this instead

“This role involves learning and using new software regularly. Can you describe your experience adapting to new technologies?”

Evaluate skills and adaptability  not age.

4. “Do you have any disabilities or health conditions?”

Why it’s problematic

Questions about disabilities or medical conditions may violate disability discrimination laws (such as the ADA in the U.S. and equivalent legislation across the EU and other regions).

Employers cannot ask about medical conditions unless it is directly related to essential job functions and legally compliant.

Ask this instead

“This role requires standing for extended periods. Are you able to meet this requirement with or without reasonable accommodation?”

Focus on job functions, not diagnoses.

5. “Are you married?” or “Are you planning to have children?”

Why it’s problematic

These questions imply that private life could affect performance. They can lead to claims of marital or gender discrimination and are not relevant to professional capability.

Ask this instead

“This role requires availability from Monday to Friday, 9 a.m. to 6 p.m. Are you able to commit to this schedule?”

State the requirement clearly and allow the candidate to confirm availability.

6. “What religion do you practice?”

Why it’s problematic

Religion is unrelated to job performance. Asking about it may lead to claims of religious discrimination.

Ask this instead

“Are you available to work the schedule outlined, including weekends or public holidays if required?”

Again, focus on scheduling needs  not belief systems.

7. “Have you ever been arrested?”

Why it’s problematic

In many jurisdictions, asking about arrests that did not result in convictions is prohibited. This question can also disproportionately affect marginalized communities.

Ask this instead

“If offered the role, would you be willing to undergo a background check, where legally permitted?”

Ensure compliance with local regulations and apply background checks consistently.

8. “What’s your sexual orientation?” or “Do you live with your partner?”

Why it’s problematic

These questions are a clear invasion of privacy and are completely irrelevant to job qualifications. In many regions, they are illegal.

What to ask instead

Nothing.
This topic has no place in a professional interview.

9. “What’s your current salary?”

Why it’s problematic

In many U.S. states and several European countries, asking about salary history is restricted or prohibited because it perpetuates wage inequality.

Ask this instead

“What are your salary expectations for this role?”

This keeps negotiations transparent and fair.

Why This Matters

A poorly structured interview doesn’t just risk legal consequences  it can damage your reputation as an employer.

Top candidates evaluate companies just as carefully as companies evaluate candidates. An intrusive or inappropriate question can:

• Create distrust

• Signal bias

• Harm diversity efforts

• Push strong candidates to walk away

On the other hand, a fair and professional interview process:

• Strengthens your employer brand

• Reduces legal exposure

• Promotes diversity and inclusion

• Improves hiring quality

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The Golden Rule

If a question is not directly related to job performance, essential requirements, or legal eligibility  don’t ask it.

Strong interviews focus on:

• Skills

• Experience

• Competencies

• Cultural contribution

• Role alignment

Respectful hiring practices aren’t just about compliance  they’re about building trust and attracting the right talent.