Illegal Interview Questions by Country (2026)

What you ask in an interview can create legal risk before a candidate is hired. This guide explains the rules in six countries so you can ask job-related questions and avoid discrimination claims.

Interview question rules at a glance

The table below compares how six countries treat interview questions. Use it to see where a question is unlawful in itself and where it only raises evidence of discrimination.

Country Main laws Is the question itself unlawful? Health questions before an offer
United States Title VII, ADEA, ADA, GINA, IRCA, state laws Mostly no, the risk is using the answer. Disability, medical and genetic questions are barred outright Barred (ADA)
Canada Canadian Human Rights Act (federal sector), provincial human rights codes Yes, inquiries on prohibited grounds are barred Ability to do the job only; medicals after a conditional offer
United Kingdom Equality Act 2010 Health questions yes (s60); others are evidence of discrimination Barred with narrow exceptions (s60)
Ireland Employment Equality Acts 1998-2015 No, the risk is a WRC claim based on the question Ability to do the job and adjustments only
Australia Federal discrimination acts, Fair Work Act s351, state acts Yes, if people without the attribute would not be asked Inherent requirements of the job only
New Zealand Human Rights Act 1993 Yes, s23 bars questions that suggest an intent to discriminate Only where it bears on doing the job safely

Last checked 5 November 2026. This is general information for employers, not legal advice. Check with employment counsel in each country before you rely on it.

Questions to avoid and what to ask instead

These swaps work in all six countries. The safe version asks about the job, not the person.

Topic Avoid asking Ask instead
Age How old are you? When did you graduate? Are you over the legal minimum age for this role?
Family and pregnancy Are you married? Do you have or plan to have children? Are you pregnant? This role needs travel of about X% and these hours. Can you meet that?
Religion What religion are you? Which holidays do you observe? Can you work the required schedule? We consider requests for adjustments.
Nationality and citizenship Where are you from? Are you a citizen? Do you have the right to work here? Will you need visa sponsorship now or later?
Health and disability Do you have any health conditions? How many sick days did you take last year? Can you do the essential tasks of the job, with or without adjustments? Do you need any adjustments for the interview?
Criminal record Have you ever been arrested? Ask about relevant convictions only where the law allows and at the stage it allows
Pay history What do you earn now? What are your pay expectations for this role?
Union membership Are you in a union? What do you think of unions? Do not ask
Sexual orientation and gender identity Any question about either Do not ask. Use voluntary, separate diversity monitoring forms
Genetic and family medical history Does any illness run in your family? Do not ask (barred outright in the US)

United States

Federal law mostly bars using a candidate's answer to discriminate, and a question that only makes sense as a screen can be evidence of intent. The ADA bars disability and medical questions and medical exams before a job offer outright, and GINA bars requesting genetic information including family medical history. Employers may ask whether a candidate is authorised to work in the US and whether they will need sponsorship, and complete Form I-9 after hire. State rules add bans: salary history questions in about 20 states, arrest record questions in California, Illinois and New York, and social media login requests in more than 25 states.

State and city rules that go further

Rule Where What it means at interview
Salary history bans About 20 states plus many cities Do not ask about current or past pay. See the salary history bans guide
Ban-the-box 15 states and DC for private employers, plus cities Criminal history questions wait until after the interview or offer. See the background check guide
Arrest records California, Illinois, New York Do not ask about arrests that did not lead to a conviction
Cannabis California, New York, New Jersey and others California bars asking about past cannabis use; NY and NJ protect lawful off-duty use. Safety-sensitive and federal roles are exempt
Height and weight Michigan, New York City, San Francisco Ask about physical tasks only if the job needs them
Social media logins More than 25 states Never ask for usernames or passwords

Canada

Most employers are regulated by a provincial or territorial human rights code. Canadian law makes the discriminatory inquiry itself unlawful. Ontario's Human Rights Code and Quebec's Charter bar application forms and interview questions on prohibited grounds. Ask 'Are you legally entitled to work in Canada?' instead of asking about citizenship. Ontario protects a 'record of offences' ground covering pardoned federal offences and provincial offences, and job postings from employers with 25 or more staff may not require Canadian experience from 1 January 2026. British Columbia, Prince Edward Island and New Brunswick ban asking about pay history.

Jurisdiction Notable grounds and rules
Federal (CHRA) Covers banks, airlines, telecoms and interprovincial transport. s8 bars inquiries on prohibited grounds, including pardoned convictions
Ontario Citizenship, ancestry, place of origin, creed and record of offences (pardoned federal and provincial offences). s23 bars classifying questions. Postings may not require Canadian experience
British Columbia Political belief, Indigenous identity, convictions unrelated to the job. Pay history questions banned
Quebec Civil status, language, social condition, political convictions. s18.1 bars these questions; s18.2 protects unrelated or pardoned convictions
Other provinces Each code adds its own grounds, such as source of income in Alberta and social disadvantage in Manitoba

United Kingdom

The Equality Act 2010 protects nine characteristics. Section 60 bars health and disability questions before a job offer, including sickness absence records, except to make interview adjustments, check a function intrinsic to the job, run diversity monitoring, support positive action, or complete national security vetting. Questions on other protected characteristics are not unlawful in themselves but are strong evidence of discrimination, and Acas advises against them. Complete right to work checks the same way for every candidate. Refusing work because of union membership is unlawful. Spent convictions need not be disclosed except for roles covered by the Exceptions Order.

Health questions you may still ask before an offer (s60 exceptions):

  • Whether the candidate needs adjustments for the assessment or interview
  • Whether they can carry out a function intrinsic to the job, with adjustments
  • Diversity monitoring, kept separate from the selection decision
  • Positive action, or national security vetting

Ireland

The Employment Equality Acts 1998-2015 protect nine grounds, including family status and age. Applicants can bring claims to the Workplace Relations Commission, which regularly finds discrimination based on questions about family plans or age. Awards to candidates who were not employees are capped at €13,000. Ask about skills and experience for the role.

Australia

The federal Sex, Disability and Age Discrimination Acts make it unlawful to ask a candidate for information that could be used to discriminate if people without that attribute would not be asked. The Fair Work Act general protections cover prospective employees and list attributes including race, sex, age, disability, pregnancy and family or carer's responsibilities. Ask only about the inherent requirements of the job. Check work rights through VEVO.

New Zealand

The Human Rights Act 1993 protects grounds including sex, marital status, race, ethnic or national origins, disability, age from 16, and political opinion. Section 23 makes it unlawful to use an application form or ask a question that indicates, or could reasonably be understood as indicating, an intention to discriminate. Under the Clean Slate Act 2004, eligible people may answer 'no' to a conviction question.

Running fair interviews across borders

1. Base questions on job duties

Ask about the duties, skills and experience the role requires. In the US, a question that only makes sense as a screen is evidence of intent. In Australia, ask only about the inherent requirements of the job. Keep every question tied to a stated requirement so answers can be assessed fairly.

2. Ask about work authorisation only

Use the wording allowed in each country. In the US, ask whether a candidate is authorised to work and whether they will need sponsorship. In Canada, ask whether they are legally entitled to work in Canada. In the UK, complete right to work checks the same way for every candidate. In Australia, check work rights through VEVO.

3. Delay health and disability questions

Before a job offer, the ADA in the US bars disability and medical questions and medical exams outright. In the UK, Section 60 bars health and disability questions before an offer except for specific reasons such as checking a function intrinsic to the job. In Canada and Australia, only ask about the ability to perform the job.

4. Check local pay history and record rules

Salary history questions are banned in about 20 US states, British Columbia, Prince Edward Island and New Brunswick. Arrest record questions are banned in California, Illinois and New York. Ontario protects a record of offences ground covering pardoned offences. In New Zealand, eligible people may answer no to a conviction question under the Clean Slate Act.

5. Keep notes on job-related answers only

Write down what the candidate said about their skills, experience and approach to the work. Do not record age, health, family status, religion or other protected characteristics. Questions and notes that suggest a reason other than the job can be evidence of discrimination if a claim is made.

How Aristo Search runs interviews

Aristo Search runs interviews for senior and professional roles using structured questions tied to the duties of the job. We brief hiring managers in each country on the questions that are unlawful there, such as pre-offer health questions in the US and UK, citizenship questions in Canada, and questions about family plans in Ireland. We record job-related answers only and advise on the local work authorisation checks.

More hiring guides and tools

Sources

Questions employers ask

Can I ask a candidate their age?

In the US, the ADEA protects candidates aged 40 and over, so age questions can support a discrimination claim. New Zealand protects age from 16, and in Australia asking about age is unlawful if other candidates would not be asked. Ask only whether the candidate meets any legal minimum age for the role.

Are pre-employment medical questions allowed?

The US ADA bars disability and medical questions and medical exams before a job offer outright. In the UK, Section 60 bars health and disability questions before an offer except for reasons like checking a function intrinsic to the job. Canada makes the discriminatory inquiry itself unlawful.

Can I ask about a candidate's criminal history?

Rules vary. In the US, ban-the-box timing rules and arrest record question bans apply in several states. Ontario protects pardoned federal and provincial offences. BC and Quebec protect convictions unrelated to the job. In New Zealand, eligible people may answer no under the Clean Slate Act.

What should I ask about right to work instead of citizenship?

In the US, ask whether a candidate is authorised to work and whether they will need sponsorship. In Canada, ask whether they are legally entitled to work in Canada. In Australia, check work rights through VEVO. In the UK, complete right to work checks the same way for every candidate.

Can I ask about salary history?

About 20 US states, plus DC and several cities, ban salary history questions. British Columbia, Prince Edward Island and New Brunswick ban them in Canada, and the EU Pay Transparency Directive bans them as member states adopt it. Ask about pay expectations instead, which is allowed almost everywhere.

Are questions about family plans or pregnancy allowed?

Ireland's Workplace Relations Commission regularly finds discrimination based on questions about family plans. In the US, Title VII protects pregnancy. Australia lists pregnancy and family or carer's responsibilities as protected attributes. New Zealand protects sex including pregnancy. Avoid these questions.

Can I ask for social media logins during screening?

More than 25 US states limit asking for social media logins. Avoid requesting passwords or access during screening. If you review public profiles, do so consistently and base decisions on job-related content. This reduces risk.

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