In an interview, ask about the skills, experience and availability that the job needs. Do not ask about protected characteristics such as age, sex, pregnancy and family plans, race, ethnic origin, religion, sexual orientation, disability and health, or similar traits. The principle is the same in the US, UK and EU, but the lists, terms and enforcement differ, so check the rules where you hire.
Key takeaways
- Ask only what you need to judge the person’s ability to do the job.
- Protected traits differ by country but the core list is similar: age, sex, race, religion, disability, and more.
- You can ask about a task and about availability. You should not ask for the reason behind a trait.
- Health and disability questions before a job offer are restricted in the US and UK. Ask about the ability to do the tasks, with adjustments.
- Use a written question list so that no one improvises a risky question.
The rule of thumb
Before you ask a question, finish this sentence: “I need this answer to decide whether the person can do ____.” If you cannot fill in the blank with a task or a requirement of the job, do not ask. A question that touches a protected trait can lead to a claim even if you meant no harm, because the law looks at what you asked and what you did, not only at what you intended.
What the law covers, by region
| Region | What it covers | Official source |
|---|---|---|
| United States | Federal law prohibits discrimination in hiring on grounds that include race, colour, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 and over), disability and genetic information. State and local laws can add more. | EEOC: prohibited employment policies and practices |
| United Kingdom | The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Rules also limit health questions before an offer. | Acas: recruitment and GOV.UK: checks employers can make on job applicants |
| European Union | EU directives ban discrimination in employment on grounds of religion or belief, disability, age and sexual orientation, and on racial or ethnic origin. Sex equality rules exist in separate EU law. Each country adds its own rules. | Directive 2000/78/EC and Directive 2000/43/EC, then national law |
The exact list and the exact exceptions depend on the place. In some places the law treats an interview question as evidence of how you made your decision. Keep to job-related questions so that you have a record of fair treatment.
Questions to avoid, and what to ask instead
| Topic | Do not ask | Ask instead |
|---|---|---|
| Age | “How old are you?” “When did you graduate?” “Where do you see yourself in 20 years?” | “Are you able to meet the minimum age required for this role by law?” (only when the law sets a minimum age, such as for some work with alcohol or machinery) |
| Family and plans | “Are you married?” “Do you have children?” “Do you plan to have children?” | “This role needs travel on two weekends a month. Can you do that?” Ask this of everyone |
| Pregnancy | “Are you pregnant or planning to be?” | Nothing. Do not ask. Describe the tasks and ask whether the person can do them |
| Health and disability | “Do you have a disability?” “Have you ever been ill or off sick for a long time?” | “This role includes lifting 15 kilos or standing for four hours. Can you do this, with or without adjustments?” |
| Race and origin | “Where are you really from?” “What is your native language?” | “This role needs fluent written English. Can you show how you use English at work?” |
| Nationality and right to work | “Are you a citizen?” “What is your visa?” | “Are you legally able to work in [country] now or by the start date?” Ask all candidates the same question, and do right-to-work checks as the law requires |
| Religion | “What church or temple do you attend?” “Do you celebrate holidays?” | “This role needs work on Saturdays. Is the schedule workable for you?” Ask everyone the same way |
| Sexual orientation and gender identity | “Are you gay?” “Is your partner supportive?” | Nothing. Do not ask |
| Politics and unions | “Which party do you support?” “Have you joined a union?” | Nothing relevant to most jobs. Do not ask |
| Money | “What is your current salary?” (restricted in some places) | “What pay range are you looking for?” Check local rules on salary-history questions |
| Criminal record | “Have you ever been arrested?” | Rules vary by place. Ask only if the law allows and the role needs it. See official guidance |
The “ask instead” column describes the task or the requirement and asks everyone the same question. This is the safe pattern. Say what the job needs, then ask whether the person can do it.
What you can safely ask
- Work history, tasks done and results achieved
- Skills, tools and training linked to the role
- Availability for the hours and days needed
- Ability to meet stated, job-related requirements, such as travel or a licence needed for the work
- Reasons for applying to this role
- Examples of how the person solved work problems
- Whether the person needs any adjustment for the interview process itself
Questions about a licence, such as a driving licence, are fine when the job needs driving. Questions about a certificate are fine when it is a legal or practical requirement. Keep each question linked to a written must-have from your role brief.
When a candidate shares personal information
Sometimes a candidate says, “I am expecting a baby in the spring” or “I have a health condition”. You did not ask, but you now know it. What to do:
- Do not follow up with more questions on that topic.
- Say, “Thank you. Let us return to the role.”
- Do not write it in your notes.
- Make your decision only on the job-related scorecard.
- If the person asks for an adjustment, note the request and respond as the law requires. In the UK, the duty to make reasonable adjustments applies to disabled applicants. In the US, the Americans with Disabilities Act requires reasonable accommodation for qualified applicants, at employers covered by the law.
Remember that the safest record is a scorecard that shows you scored the person on the job criteria only.
Small talk can be a trap
Friendly chat at the start or end of an interview often drifts into family, age, home town and plans. Prepare a few neutral topics: the journey, the weather, a recent public event that is not political, or a question about the building. Avoid asking about weekends, holidays, children, accents and “where are you from?”. If a candidate brings up a topic, listen, but do not follow it with questions about protected traits.
Phone and video interviews
The same rules apply. On video you may see more of a person’s home, age, religion or disability. Treat that as information you did not request. Do not comment on it and do not use it. If a candidate seems to need an adjustment, such as more time, ask in a neutral way, “Is there anything that would help you in this conversation?”
What to do if a manager asks a risky question
If you manage others who interview, give them a one-page guide with the “do not ask” table. If someone asks a risky question, correct it right away and keep a note. Move the questions to a written list. Our guide to the interview scorecard shows how to build one. If a candidate complains, take the complaint seriously, record it and get advice from an employment lawyer or a body such as Acas in the UK.
A pocket checklist
| Before the interview | Done? |
|---|---|
| Written list of job-related questions | |
| Must-haves match the role brief | |
| “Do not ask” table printed | |
| Neutral small talk topics chosen | |
| Offer of adjustments sent with the invitation | |
| Scorecard ready | |
| Notes sheet ready (no protected traits) |
If you also use social media or background checks, keep the same principles: check only what the job needs, apply it to all, and follow the law. For the rest of the hiring process, see our first hire plan and the first interview guide.
Examples (fictional) of how a risky question becomes a safe one
| Situation | Risky version | Safe version |
|---|---|---|
| The role needs travel to client sites for one week each month | “Your kids are young, how will you manage the travel?” | “This role includes one week of travel each month. Is that possible for you?” |
| The role needs standing for long periods | “Do you have back problems?” | “This role needs standing for most of a six-hour shift. Can you do this, with or without adjustments?” |
| The team works with international clients | “Are you a native English speaker?” | “You will write to clients in English. Can you share an example of written work in English?” |
| The shop opens on Sundays | “Do you go to church on Sundays?” | “The shop opens on Sunday. Are you available on Sundays?” |
| The role is physically demanding | “You look young, can you handle it?” | “Describe the physical tasks you have done in earlier jobs.” |
The safe version names the real demand of the job and asks every candidate. It gives you the information you need and respects the candidate’s privacy.
Training your team in 20 minutes
- Share the “do not ask” table with everyone who interviews, including friends who help you.
- Ask each person to rewrite three risky questions in a safe form.
- Compare the new versions and agree on one standard list.
- Role-play a short interview in which the candidate shares personal information. Practise a calm, neutral reply.
- Store the question list where every interviewer can find it.
Repeat this short session once a year or whenever a new interviewer joins. It costs less than one hour and lowers the risk of an unfair interview and a costly dispute.
Keep records
Keep your question list, the scorecards and the notes for the time the law requires in your country, and delete them afterwards as data protection rules require. Records show that you asked about the job and not about the person. Do not keep notes on protected traits. Store the records securely and give access only to people who need them for hiring.
If you are unsure about a question, test it with two checks. First, would you ask every candidate the same thing? Second, can you point to a written requirement of the job that the answer helps you judge? If either answer is no, drop the question and look for a different way to learn what you need.
Frequently asked questions
Can I ask a candidate if they are legally allowed to work here?
Yes, in the form of a question you ask every candidate, for example “Are you able to work in this country now or by the start date?” Do the formal right-to-work check as the law requires for every person you plan to hire.
Can I ask about gaps in a CV?
You can ask neutral, open questions such as “Tell me about what you did between these dates”. Do not assume the reason and do not ask about health or family. Treat all candidates the same.
Is it OK to ask a candidate what pay they expect?
In many places yes. Some US states and cities restrict questions about current or past pay. Check the rules where you hire.
Can I ask whether the candidate can do the job with adjustments?
Yes, once you have described the tasks. Ask everyone the same question and be ready to discuss adjustments.
What if I asked an illegal question by mistake?
Pause, apologise, do not use the answer in your decision and note what happened. Take advice if the candidate raises it later.
Related guides
- Hiring guides for small businesses and founders
- How to run a first interview for a small business: questions and scorecard
- Structured interviews: what they are and how to run one
- How to reduce bias in resume screening: 15 practical steps
- All hiring guides for employers
- UK Equality Act: direct and indirect discrimination in recruitment
- The ADA and hiring: reasonable accommodation for applicants
- Age discrimination in hiring: wording, screening and examples
- Sex, gender and pregnancy: rules for interview questions
- Religion and belief in recruitment: dress, holidays and interviews
This is general information, not legal advice.