Hot(line) Topics: Off-Limit Interview Questions

By Ben Opp, SPHR, HR Hotline & Content Advisor
Published June 23, 2026

Q: A candidate we interviewed last week emailed me and shared that one of our managers struck up a conversation about her family during the interview and asked if she plans to have any more children. I’m pretty sure this question is off-limits. What should I do next?

You’re absolutely right. This line of questioning is problematic in an interview because it touches on protected class information that is unlawful to use in the employee selection process. In Illinois, employees are protected against discrimination based on “family responsibilities,” and both Cook County and the City of Chicago include “parental status” among their protected classes. This question could also connect to sex or pregnancy discrimination, which is unlawful everywhere in the United States.

In a situation like this, you need legal advice. An employment law attorney can recommend the best way to engage the candidate and mitigate risk based on the context. (HR Source members can always speak with an attorney through the HR Hotline).

The bigger question: How do you prevent this from happening in the first place? We find that most problematic interview questions are not asked out of an intent to discriminate but rather stem from a genuine lack of awareness of how seemingly innocuous questions can create major legal problems. This manager may have simply been their warm and personable self, totally unaware of the ramifications.

After all, there are lots of questions that might be totally fine in normal conversation but are a no-go as part of an interview. Here are just a few:

• “How was your drive in?” This question can reveal where a candidate lives (which may not be on their résumé), leading to assumptions about protected characteristics like race, ethnicity, and national origin.
• “Were you born in Chicago?” This question may force a candidate to disclose their national origin or immigration status, both of which are protected classes.
•  “Do you have any plans for the holidays?” This question could surface an employee’s religious affiliation, which is also protected.

The solution? Training! A basic education on employment discrimination and unconscious bias in the recruiting process can go a long way toward preventing problematic interview questions.

A great place to start for HR Source members is our Field Guide to Troublesome Interview Topics, a two-page resource outlining off-limits interview topics, with an explanation for why each is problematic.

For a deeper dive, consider sending anyone who participates in the interview process to our Interviewing and Hiring for Managers training session, coming up on August 13 at our office in Downers Grove.

As always, HR Source members can reach out to the HR Hotline with questions. Submit a question online, or give us a call at 800-448-4584.