Are you looking for employment as a creative professional? Have you ever left an interview thinking, “It’s illegal for you to ask me that”? But you’re not sure.
The job market is tough for creative professionals (and others). You’ve got enough to do researching the company. You shouldn’t have to worry about illegal interview questions too. But it can take a lot of work to figure out legal vs illegal interview questions.
In this tutorial, we point you to solid resources to help you learn more about illegal job interview questions.
Disclaimer: We aren’t giving legal advice. We’re not attorneys. The law varies from location to location (even within the same country). If you think you were wrongly discriminated against, please get in touch with a local legal professional who is familiar with the current law in your area.
We’ll also point you to additional tutorials to help your job search. Plus, you find a resource for resume templates to help your resume stand out.
11 Illegal Interview Questions
Be prepared for your next interview by studying legal vs illegal interview questions. Here are resources for 11 interview questions that aren’t legal to ask in a job interview:
In this tutorial, we’ll focus on resources for Australia, the U.K., and the U.S. It’s important to contact a legal specialist near you to find out the current laws in your area. The list below may not be complete or current.
1. Relationships and Family
In many locations, questions about marital status and family are illegal to ask in an interview. Here are some resources to learn more:
- In Australia, section 321 of the Fair Work Act 2009 prevents discrimination based on marital status and family. (Commonwealth Consolidated Acts)
- The Equality Act 2010 protects citizens from discrimination based on marital status, relationships, and Family. (legislation.gov.uk)
- The Civil Service Reform Act and Title VII protect applications from discrimination based on marital status, relationships, and family. (U.S. Equal Employment Opportunity Commission)
2. Age
In many countries, asking about age is an illegal interview question.
But In the United States, there are some positions, such as a bartender, where it’s required by law that you’ve got to be 18 or 21. For example, a bartender. For these jobs, it’s okay to ask if the candidate is over 18 or 21 (depending on the state).
- In Australia, all people are protected from age discrimination under the Age Discrimination Act 2004 (ADA), no matter how old or young they are. (Australian Human Rights Commission)
- In the U.K., the Equality Act 2010 protects people of all ages from discrimination and makes it illegal for employers to force retirement. (University of Dundee)
- According to the Age Discrimination in Employment Act of 1967 (ADEA), the law protects people in the U.S. over 40 years from discrimination based on age. (U.S. Department of Labor-OSAM)
3. Disability Status
In Australia, the U.K., and the U.S. (and some other countries), it’s illegal to discriminate based on disability status, health, and injuries.
- In Australia, the Disability Discrimination Act 1992 (DDA) makes it illegal to discriminate against those with temporary or permanent disabilities, diseases or illnesses, or medical conditions. (Federal Register of Legislation, Australian Human Rights Commission)
- In the United Kingdom, the Equality Act 2010 protects those with disabilities and illnesses from discrimination. (legislation.gov.uk)
- In the U.S. it’s illegal, according to the Americans with Disabilities Act (ADA), for an employer to ask about your disability pre-offer. But after they make a conditional job over, they can ask any disability-related questions or require a medical examination. Pre-offer employers can ask what accommodations you would need to complete the job. (U.S. Equal Employment Opportunity Commission-Pre-Employment, U.S. Equal Employment Opportunity Commission-ADA)
4. Religion
One of the illegal questions to ask in an interview in many countries is any question based on religion.
- In Australia, the Racial Discrimination Act 1975 makes it illegal to ask about religion in a job interview. (Australian Government Federal Register of Legislation)
- In the U.K., it’s illegal to ask about religion in a job interview, according to the Equality Act 2010. (legislation.gov.uk)
- In the U.S., it’s illegal to ask about religion in a job interview unless you’re a religious organization. Title VII of the Civil Rights Act of 1964 makes it illegal to ask any questions regarding religion unless it’s a job interview. (U.S. Equal Employment Opportunity Commission)
5. Race
If you’re wondering what a legal vs. illegal interview question is, you should know that it’s also illegal to ask about race in many places.
- In Australia, it is illegal to ask about race or color in a job interview, according to the Fair Work Act 2009. (Fair Work Ombudsman)
- In the U.K., you can’t ask about race in an interview, according to the Equality Act 2010. (legislation.gov.uk)
- In the U.S., according to Title VII of the Civil Rights Act of 1964, you shouldn’t ask about race or color. (U.S. Equal Employment Opportunity Commission)
6. Union Membership
In some locations, another illegal interview question is to ask about a person’s membership to, affiliation with, or trade unions.
- In Australia, according to the Fair Work Act 2009, you cannot ask anything about unions in a job interview. (Fair Work Ombudsman)
- In the U.K., the Trade Union and Labour Relations (Consolidation) Act 1992 makes it illegal to ask about unions in a job interview. (legislation.gov.uk)
7. Languages Spoken at Home
Some illegal questions to ask in an interview in the U.S. are:
- What languages are spoken at home?
- Is the applicant a citizen?
The law that makes these questions illegal is Title VII of the Civil Rights Act of 1964. (U.S. Equal Employment Opportunity Commission)
8. Sexual Orientation
In the United States, an illegal interview question is to ask about sexual orientation or gender. But the applicant can volunteer this information.
Other countries have their own laws:
- In Australia, you can’t discriminate based on sexual orientation according to the Fair Work Act 2009. (Fair Work Commission)
- In the UK, it is illegal to ask about sexual orientation, gender reassignment, or sex under the Equality Act 2010. (legislation.gov.uk)
- Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex or sexual orientation in the U.S. (U.S. Equal Employment Opportunity Commission)
9. How Many Sick Days You Took Last Year
Since discrimination against those with disabilities or chronic illnesses is law in many places, one of the illegal questions to ask in an interview is how many sick days an applicant took last year or in their previous job.
- In the UK, the Equality Act 2010 makes asking about sick days at a previous job or year illegal. (legislation.gov.uk)
- In the U.S., the ADA protects those with chronic illnesses and disabilities. (ADA.gov)
10. Memberships to Organizations
Suppose you’re wondering about legal vs illegal interview questions in Australia under the Fair Work Act 2009. In that case, asking what membership organizations people belong to in a job interview is illegal. (Australian Government Attorney General’s Department)
It’s also illegal to discriminate against a person because of their membership or affiliation with a union.
11. Height and Weight
In the U.S., an illegal interview question to ask is about a person’s height and weight. The EEOC protects against discrimination against these groups. (U.S. Equal Employment Opportunity Commission)
What Clients Can Ask Freelancers
Many creative professionals work as freelancers. If you’re a freelancer, you probably wonder what questions are illegal to ask in an interview.
- In Australia, according to employmentlawonline.com.au, freelancers have some protections under the Fair Work Act 2009. One of the protections is that clients are not allowed to make threats against a freelancer in order to coerce the freelancer.
- In the United Kingdom, freelancers are protected by the Equality Act 2010, according to the ACAS website. This means that clients cannot ask freelancers that would be considered discriminatory.
- According to the EEOC, anti-discrimination laws do not apply to freelancers (independent contractors) in the United States. This means that in some locations, the client can ask anything of freelancers in the U.S.
But laws in the U.S. are changing. Many local laws regarding freelancing may be more strict. Also, some reputable companies offer the same protections to freelancers in interviews that they use with potential employees.
Learn More About Searching for Jobs as a Creative Professional
Want to learn more about looking for a job? Read these tutorials to learn more:
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