Interview Questions: What You Can and Cannot Ask

TL;DR: Asking the wrong question in a job interview can expose your business to discrimination claims across all 7 countries. This guide covers which questions are legally off-limits, what you can ask instead, and how to structure interviews that are fair, compliant, and effective.

Disclaimer: MmowW Scrib🐮 is a document preparation service, not a law firm. We do not provide legal advice. This guide is for general informational purposes only. Anti-discrimination laws vary by jurisdiction and are subject to change. Always consult a qualified employment solicitor or attorney for advice specific to your situation.

What You Need to Know

Job interview questions must be relevant to the role and must not be used to discriminate against candidates based on protected characteristics. The key principle across all 7 countries is the same: ask only questions that are necessary to assess the candidate's ability to perform the role.

Protected characteristics (which vary slightly by jurisdiction) generally include:

• Age
• Disability and health
• Race, ethnicity, and national origin
• Sex and gender identity
• Pregnancy and maternity / parental status
• Religion or belief
• Sexual orientation
• Marital or family status (in some jurisdictions)

Questions that directly or indirectly screen out candidates based on these characteristics are unlawful — even if that was not your intent. Indirect discrimination (where a neutral-sounding question disproportionately disadvantages a protected group) is as legally risky as direct discrimination.

How It Works

The Golden Rule

Before asking any interview question, apply this test:

"Is this question necessary to assess whether the candidate can perform the role?"

If the answer is "not really" or "I'm just curious," do not ask it. If the answer is "yes — this is a genuine requirement of the role," document that reasoning in case it is ever challenged.

Questions You Should NEVER Ask

The following categories of questions create direct or indirect discrimination risk in all 7 countries:

Age

• ❌ "How old are you?"
• ❌ "When did you finish school / university?"
• ❌ "How many years until you plan to retire?"
• ❌ "You seem quite young / experienced — how old are you exactly?"

Ask instead: "Are you able to perform the duties of this role?" (If a specific qualification requires minimum time to complete, ask about the qualification, not age.)

Disability and Health

• ❌ "Do you have any health conditions we should know about?"
• ❌ "Have you taken significant time off work due to illness?"
• ❌ "Do you have a disability?"
• ❌ "Are you on any medication that could affect your work?"

You may ask (after a conditional offer is made): "Are there any adjustments we could make to support you in this role?" — but only after the offer, not during the interview stage in most jurisdictions.

You may ask before offer (where relevant to the role): "This role requires you to [specific physical task]. Are you able to do this?" — but only where the task is a genuine requirement.

Race, Ethnicity, National Origin

• ❌ "Where are you originally from?"
• ❌ "What is your nationality?"
• ❌ "Is English your first language?" (unless native-level fluency is genuinely required)
• ❌ "Where were your parents born?"

You may ask: "Do you have the right to work in [country]?" — this is a legitimate question about work authorisation, not nationality.

Sex, Gender, Pregnancy

• ❌ "Are you planning to have children?"
• ❌ "Are you pregnant or planning to become pregnant?"
• ❌ "Who looks after your children when you're at work?"
• ❌ "What does your partner do for work?" (often used to infer plans for pregnancy or relocation)
• ❌ "Do you think you can handle this role as a woman?"

If the role requires extensive travel: "This role requires regular travel to [locations]. Are you able to meet this requirement?" — ask this of all candidates equally.

Religion

• ❌ "What religion are you?"
• ❌ "Do you observe religious holidays?"
• ❌ "Do you pray during working hours?"

If the role has specific scheduling requirements: "This role requires work on [specific days / hours]. Are you able to work these hours?" — ask this of all candidates equally.

Sexual Orientation and Marital Status

• ❌ "Are you married / in a relationship?"
• ❌ "Are you gay / straight / bisexual?"
• ❌ "Does your spouse / partner support your career aspirations?"

Credit History and Financial Status (additional caution in some jurisdictions)

• ❌ "Have you ever been bankrupt?"
• ❌ "What is your credit score?"

Exception: For roles with direct access to financial accounts, some jurisdictions permit financial background checks — but through a formal process, not an interview question.

Questions You CAN Ask

Focus interview questions on competencies, experience, and genuine role requirements:

Role-specific capability

• ✅ "Can you describe a time you managed a complex project under a tight deadline?"
• ✅ "What experience do you have with [specific software / process]?"
• ✅ "Walk me through how you would approach [specific scenario relevant to the role]."

Qualifications and credentials

• ✅ "Do you hold [specific qualification required for the role]?"
• ✅ "Are you currently licensed to practice [profession] in [country]?"

Availability and logistics

• ✅ "This role requires [hours / travel / shift work]. Are you able to meet these requirements?"
• ✅ "When would you be available to start?"

Right to work

• ✅ "Do you have the right to work in [country]?" — ask this of all candidates, not selectively

Salary expectations

• ✅ "What are your salary expectations for this role?" (Note: asking about current / previous salary is restricted in some jurisdictions — see below)

Salary History Questions — Country-Specific Rules

Asking about a candidate's current or previous salary has been restricted or banned in several jurisdictions to reduce pay gap perpetuation:

Structuring a Legally Compliant Interview

Before the Interview

• Prepare structured questions in advance — the same core questions for every candidate
• Base questions on the job description — each question should map to a requirement
• Have a scoring rubric — score each answer against agreed criteria
• Brief all interviewers on which questions are off-limits

During the Interview

• Stick to the prepared questions — improvised questions are where compliance problems arise
• Take notes focused on the candidate's answers, not their personal characteristics
• If a candidate volunteers protected information (e.g., mentions they are pregnant), acknowledge professionally and return to the role: "Thank you for sharing that. Let me continue with our questions about the role."
• Ask follow-up questions about skills and competencies, not personal circumstances

After the Interview

• Make selection decisions based on documented scoring — not impressions
• Retain records of interview notes and scoring for at least 6 months–1 year after the decision (in case of discrimination claims)
• Provide feedback to unsuccessful candidates if asked — and ensure feedback is based on role-related factors

Country-Specific Notes

United Kingdom

The Equality Act 2010 prohibits asking about health or disability before a job offer is made, with limited exceptions. Job offers can be made conditional on passing a medical assessment relevant to the role — but the interview stage itself should avoid health-related questions. Pre-offer health questionnaires are generally unlawful.

France

The Code du travail provides that all information sought from a candidate must have a direct and necessary link to the role. Questions about family situation, pregnancy, religion, and political opinions are prohibited. Candidates may not be required to disclose information they are not legally obliged to reveal.

Australia

The Fair Work Act and state anti-discrimination laws prohibit discriminatory interview questions. The Australian Human Rights Commission provides guidance on pre-employment enquiries. Note that some states have broader protected characteristics than federal law.

United States

US discrimination law is fragmented — federal law (EEOC) applies to businesses with 15+ employees, while state laws often cover smaller employers. Some states (including California) have very broad anti-discrimination protections. The EEOC's guidance on pre-employment enquiries provides a useful reference.

Common Mistakes to Avoid

1. Asking "tell me about yourself" and letting it run

This open-ended question invites candidates to share protected information (family situation, health, age, religion). Use it sparingly and redirect to role-related content.

2. Treating small talk as low-risk

Small talk before the formal interview ("Do you have far to travel?" "Do you have children who need school pickup?") can elicit protected information. Keep pre-interview conversation professional.

3. Note-taking focused on appearance and characteristics

Interview notes that refer to a candidate's accent, appearance, or family situation create evidence of discriminatory thinking. Notes should record answers to questions — not observations about the person.

4. Asking different questions to different candidates

If you ask question X to female candidates but not male candidates (or vice versa), you create a pattern of differential treatment. Use the same core questions for every candidate.

5. Using social media to find out what you cannot ask

Checking a candidate's LinkedIn, Facebook, or Instagram before interviewing them exposes you to claims that you discovered (and may have acted on) protected information. If you use social media in recruitment, have a clear policy.

Next Steps

1. Develop a structured interview question bank based on competencies for each role
2. Review existing interview questions against the prohibited categories above
3. Brief all managers who conduct interviews on compliant interviewing
4. Create an interview scoring sheet that focuses evaluation on role-relevant factors
5. Consult a qualified employment solicitor or attorney before implementing any unusual selection criteria

Frequently Asked Questions

Q: A candidate mentioned they have a disability during the interview. What should I do?

A: Do not probe further into the disability at the interview stage. Acknowledge the comment professionally and continue with role-related questions. After making a conditional offer (if you decide to proceed), you can ask what reasonable adjustments might support them in the role.

Q: Can I ask how long a candidate plans to stay with the company?

A: This is generally acceptable — it relates to planning and commitment. However, asking this specifically of women of childbearing age (and not others) would be discriminatory. Ask it of all candidates equally.

Q: What should I do if an interviewer asks a prohibited question by accident?

A: Acknowledge the error to the candidate ("That wasn't a question I should have asked — let's move on") and do not use any response the candidate gave in the selection decision. Document that the question was asked in error.

Q: Can I require candidates to complete a medical examination?

A: In most jurisdictions, pre-employment medical examinations are permitted after a conditional offer is made — not before. The examination must be relevant to genuine requirements of the role. In the UK, the Equality Act 2010 restricts pre-offer health questions and examinations. Seek advice from a qualified employment solicitor or attorney.

Useful Resources

• 🇬🇧 UK: Acas — Recruitment: Interview advice
• 🇫🇷 France: service-public.fr — Discrimination à l'embauche
• 🇸🇪 Sweden: Diskrimineringsombudsmannen — DO
• 🇦🇺 Australia: AHRC — Discrimination in employment
• 🇳🇿 New Zealand: HRC — Employment discrimination
• 🇨🇦 Canada: CHRC — Discrimination in the workplace
• 🇺🇸 USA: EEOC — Pre-employment enquiries

How MmowW Scrib🐮 Can Help

Use our Employment Checker to review anti-discrimination obligations by country before you begin your recruitment process.

Track hiring-related deadlines including offer acceptance windows and probationary period start dates with our Filing Deadlines tool.

Estimate total employment costs to support salary benchmarking with our Cost Calculator.

Remember: MmowW Scrib🐮 prepares documents — it does not provide legal advice. A qualified employment solicitor or attorney should review your recruitment process and interview practices.

Loved for Safety. MmowW Scrib🐮 — Document preparation made simple across 7 countries.

Loved for Safety.