The applicant is on the second round of interviews of your firm’s job opening. You really want to hire this person, as they seem like the perfect “fit” for your company. The applicant has answered every question you have so far, but even though you feel a bit uncomfortable asking a prospective employee if they have any children or are planning to have any in the future, you believe it’s relative to their employability.

Stop. It is illegal for an interviewer to ask that sort of question. Generally, any questions related to age, marital status, country of origin, religion, sexual orientation, and health are off-limits.
Many times, especially in small firms, interviewers are naive or unaware of what's suitable and unsuitable to ask. But it's important for you to know the legal rights as an interviewee.

Here is a rundown of what's acceptable and unacceptable for interviewers to ask during a job interview.

Illegal Questions:

• Age
  • When did you graduate high school, college, etc?
  • What is your date of birth? How old are you? (Unless it is required to meet a certain age requirement.)
• Personal Background
  • What is your martial status?
  • How many, if any kids, do you have? How old are they? Do you plan to have children?
  • Do you have a babysitter for your child while you are at work or if you need to work overtime?
  • What is your nationality/heritage?
  • What is your native language?
  • Have you ever been arrested?
  • What is your religion?
  • What is your sexual orientation?
  • How much does your spouse make?
• Physical Status
  • What is your height and weight?
    (Unless it is required as part of the job.)
  • Do you have any physical or mental disabilities?
  • How many hours of sleep do you need?
  • Are you in your physical prime?
  • Do you have diabetes, cancer, etc?
  • Do you work out regularly?
• Lifestyle
  • Are you afraid of heights?
  • Are you a morning or night person?
  • Do you smoke or drink?
  • Did you watch Bewitched (or an old television program) growing up?

Legal Questions

• Personal Background
  • What days can you work? What hours can you work?
  • What languages do you speak or write fluently?
  • Have you ever been convicted of a crime?
  • What is your educational background?
• Work
  • Can you legally work in the United States? Can you show proof of that?
  • Is your spouse currently employed by this company?
  • What experience qualifies you for this job? (They can ask questions about work experience and skills.)
  • Are you wiling to travel?
  • Are you available for overtime?