Overview
Job interviews should be about your skills — not your age, religion, or personal life. But many employers cross the line, often without realizing it. In California, asking certain questions during a job interview is illegal and may be grounds for a discrimination claim.
Here’s how to spot red flags and protect your rights.
🚫 Examples of Illegal Interview Questions
Under California’s Fair Employment and Housing Act (FEHA), employers cannot ask about:
- Age or date of birth
- Marital status or plans to have children
- Religion or religious holidays
- Citizenship or national origin
- Disabilities or medical history
- Gender identity or sexual orientation
Even casual questions like “Are you planning to start a family soon?” can be discriminatory.
🧾 Real-World Example: Disqualified After Revealing Pregnancy
A client interviewed for a marketing role and casually mentioned she was expecting her first child. The interviewer’s tone changed, and she was later told the company needed “someone more available.”
We filed a pregnancy discrimination claim and secured a $75,000 settlement for lost wages and emotional distress.
🛡️ What to Do If You’re Asked an Illegal Question
- Stay calm and redirect — e.g., “I’m confident I can meet the job’s requirements.”
- Document the question — write it down immediately after the interview.
- Report it internally — to HR or a hiring manager.
- Consult a lawyer — especially if you were denied the job.
❓ Frequently Asked Questions
What if the question was asked “off the record”?
It still counts. Informal or joking questions can still violate the law.
Can I sue even if I wasn’t hired?
Yes. Denial of employment based on discriminatory questions is grounds for a claim.
What if I answered the question willingly?
That doesn’t waive your rights. The employer is responsible for asking lawful questions.
👨⚖️ Why You Need a Lawyer
Discrimination claims require:
- Proving a link between the question and the hiring decision
- Navigating agency complaints and deadlines
- Building a case with documentation and witness support
We help job candidates hold employers accountable and protect their future.
📞 Call Infinity Law Group Today
If you’ve been asked illegal questions during a job interview, don’t ignore it. We’ll help you understand your rights and take action.
📲 Schedule your free consultation Or call us directly at (925) 732-1188
