Why is it illegal to ask about gender in an interview?

Asked by: Ezekiel Veum PhD  |  Last update: November 27, 2025
Score: 4.7/5 (42 votes)

Title VII of the Civil Rights Act of 1964 is a wide-ranging federal law that prohibits employment discrimination against those who belong to legally protected classes. These categories include: Sex (including pregnancy, gender identity, and sexual orientation) National origin.

Is it illegal to ask gender in an interview?

Technically, it's not illegal to ask someone questions about their age, race, gender, religion, or any other protected class characteristic. But it is illegal to not hire them because of their answer. Due to the obvious inferences that can be made, most companies have pretty solid policies against such questions.

What are the 5 illegal questions to ask in an interview?

We recommend that you avoid asking applicants about personal characteristics that are protected by law, such as race, color, religion, sex, national origin or age.

Is it illegal for an interviewer to ask about a candidate's?

In most cases, interviewers are absolutely not allowed to ask about things like the sexual orientation of the candidate, the current address of the candidate, religious affiliation, medical history, and unless relevant to the position, arrest records, and criminal records.

Is it legal to ask someone their gender?

Can an employer ask an applicant about their sex assigned at birth or gender identity in an interview? No.

How to ask about gender and get a better answer | Steph Marshall | TEDxKingsParkSalon

19 related questions found

Is it illegal to use gender pronouns?

All people, including employees, tenants, customers, and participants in programs, have the right to use and have others use their name and pronouns regardless of whether they have identification in that name or have obtained a court-ordered name change, except in very limited circumstances where certain federal, state ...

Is it OK to question my gender?

Are you questioning your gender and aren't sure what feels right to you? It's okay. You are not alone!

What is the STAR method when interviewing?

The STAR method is a structured manner of responding to a behavioral-based interview question by discussing the specific situation, task, action, and result of the situation you are describing.

Is asking age in an interview illegal?

While interview questions like this get asked during phone screens across the globe, it is technically an illegal interview question because it can often infer age. The Age Discrimination Act prevents employment discrimination based on age.

Is it illegal to ask when someone graduated from high school?

Illegal Questions: Any question that tends to identify applicants age 40 or older. For example—how old are you? When did you graduate from high school or college?

Can you sue for illegal interview questions?

You may be able to file an employment discrimination claim if the interviewer asks illegal questions and you don't get the job offer.

What is 6 one topic that is unlawful to ask about during an interview?

Unlawful Inquiries: Any inquiries about names, which would divulge marital status, lineage, ancestry, national origin, or descent. (e.g., “If your name has been legally changed, what was your former name?”)

Is it illegal to ask if you have kids in an interview?

Generally, employers should not use non job-related questions involving marital status, number and/or ages of children or dependents, or names of spouses or children of the applicant.

Can jobs ask your gender?

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer's intent to discriminate ...

Can you refuse to hire someone based on gender?

The law forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Why is it illegal to ask about religion in an interview?

Questions about an applicant's religious affiliation or beliefs (unless the religion is a bona fide occupational qualification (BFOQ)), are generally viewed as non job-related and problematic under federal law.

What can you legally not ask in an interview?

  • 10 Illegal and Legal Interview Questions:
  • Age Questions. Inappropriate to ask: ...
  • Disability Questions. Inappropriate to ask: ...
  • Criminal Record Questions. Inappropriate to ask: ...
  • Parental Status Questions. Inappropriate to ask: ...
  • Marital Status Questions. Inappropriate to ask: ...
  • Citizenship Questions. ...
  • National Origin Questions.

Can my boss ask about my personal life?

Key Takeaways. Depending on how they are asked, questions about personal topics, such as marital status, race, and health, can be illegal under federal and some state and local laws. Some types of interview questions can be used to discriminate against applicants, and it is within your rights to refuse to answer them.

What happens if an interviewer asks about your age?

Any interview question that asks about your age or infers how old you are is employment discrimination and illegal for interviewers to ask — period. Many interviewers know to avoid those questions, yet some will still ask job seekers some variation of the question, "How old are you?"

What is the car method?

C = Challenge, A = Action, and R = Result. Together, they form a framework for your work experience that is logical and useful to the recipient. It's easy to master, and it can be your best tool for making an impact during an interview.

Where do you see yourself in 5 years?

Response 1: "In five years, I see myself as an important part of this organization, having grown in my role and contributing to the company's success. I want to improve my skills in [mention specific skills relevant to the job], and take on more responsibilities, working with my team to reach our goals."

What is your biggest weakness?

Sample responses to “What are your weaknesses?”
  1. Self-criticism. I can be quite critical of myself, which can lead to negative self-talk and eventual burnout. ...
  2. Fear of public speaking. I am a naturally shy person. ...
  3. Procrastination. ...
  4. Issues with delegating tasks. ...
  5. Lack of experience with skill or software.

Is it illegal to ask gender?

No. An interviewer in California cannot legally ask a job applicant about their sexual orientation, gender identity, or gender expression — either directly or indirectly, such as by asking questions about the applicant's body or spouse.

At what age do you know your gender?

Gender identity typically develops in stages: Around age two: Children become conscious of the physical differences between boys and girls. Before their third birthday: Most children can easily label themselves as either a boy or a girl. By age four: Most children have a stable sense of their gender identity.

How many genders are there currently?

Besides male and female, there are 72 other genders, which include the following: Agender: A person who does not identify themselves with or experience any gender. Agender people are also called null-gender, genderless, gendervoid, or neutral gender.