What Job Interview Questions Are Illegal in California?

Executive Summary: In California, it is illegal for employers to ask job applicants questions about their disability, sexual orientation, marital status, family planning, pregnancy, age, or other protected personal traits. Instead, interview questions should focus on your ability to perform the job. If you’re asked something inappropriate and believe it influenced the hiring decision, you may have a legal claim.

Interviews are meant to test your skills and experience. But sometimes, the questions go too far. If you’ve ever been asked about your family plans, medical history, or sexual orientation during a job interview, you’re not alone. And in California, many of those questions are illegal.

You don’t need to answer personal questions that have nothing to do with the job. Employers are not allowed to use protected information to make hiring decisions. That includes things like your age, disability, gender identity, sexual orientation, marital status, or whether you have or plan to have children.

What Employers Can’t Ask in a Job Interview

California law makes it illegal for employers to ask questions that could reveal protected characteristics. Here are examples of questions that cross the line:

“Do you have a disability?”
“Are you planning to have children?”
“Do you have any child care issues we should know about?”
“Are you gay?”
“Are you married or single?”
“What year did you graduate high school?” (Can be used to guess your age.)
“What country are you from?”
“What’s your religion?”

These questions are illegal because they can lead to discrimination. California’s Fair Employment and Housing Act (FEHA) protects workers from being judged or excluded based on things that have nothing to do with their job performance.

What Employers Can Ask Instead

While employers can’t ask about personal details, they can ask about your ability to do the job. For example:

“Are you willing to work onsite as opposed to remotely?”
“This position requires working weekends—are you available to work that schedule?”
“Can you meet the attendance requirements of this role?”

These types of questions focus on job-related qualifications rather than personal characteristics. That’s the line employers are supposed to follow.

Why These Laws Matter

You shouldn’t have to choose between being honest and getting hired. Personal questions can put job seekers in a difficult spot. Answering could reveal protected information. Refusing to answer could hurt your chances. Either way, it’s unfair.

California law is designed to level the playing field. Employers who ask illegal questions may be held accountable, especially if a candidate is rejected after disclosing protected information. Even if the employer doesn’t intend to discriminate, the question itself can create legal risk.

If you feel like a question went too far, take note of it. Keep records of who asked it and what was said. If you’re later denied the job and think the question played a role, you may have legal grounds to file a complaint.

Final Thoughts

Interviews should be about whether you can do the job, not your personal life, family plans, or identity. California law protects workers from discrimination before they’re even hired. But those protections only matter if you know your rights.

If you were asked inappropriate or illegal questions in a job interview and think it affected the outcome, Sansanowicz Law Group, P.C. can help you understand your options. Contact us to talk through your experience.

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Leonard Sansanowicz

Leonard H. Sansanowicz is the principal attorney of Sansanowicz Law Group, P.C., whose practice is devoted to protecting the rights of California employees. He has spent his entire career prosecuting harassment, discrimination, defamation, whistleblower retaliation, wrongful termination, and wage and hour/wage theft claims, both individual and representative actions. His most rewarding and fulfilling work is obtaining justice for his clients.