When you’re hiring, it’s only natural to want to get a full picture of your candidate. After all, a bad hire can be costly—sometimes staggeringly so.
The U.S. Department of Labor estimates the average cost of a bad hire is at least 30% of that employee’s first-year salary. Other research shows the cost can climb to several hundred percent for supervisory, technical, or leadership roles. Regardless of the exact number, one thing is clear: hiring mistakes hurt, especially for small businesses.
With so much at stake, it’s understandable that employers want to ask deep, personal questions in interviews. But some of those questions may be illegal—even if they seem innocent. And in 2025, compliance is more complex than ever, with new state-level rules layered on top of federal protections.
Let’s break down what interview questions cross the legal line—and how to stay on the right side of the law while still learning what you need to know.
Under laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), employers may not make hiring decisions based on a candidate’s:
In short, any question that elicits information about these protected characteristics can land you in legal trouble—even if your intent wasn’t discriminatory.
Rule of thumb: If the answer isn’t relevant to the candidate’s ability to perform the job, don’t ask.
RELATED: 8 Mistakes Companies Make When the EEOC Comes Knocking >>
These are common examples of questions that may violate federal, state or local employment laws:
Even if these questions are asked conversationally or to "get to know the candidate," they are still problematic. That’s why interviewer training is so essential.
The good news: You can still gather meaningful information without veering into legally risky territory. Here are some safer alternatives:
Always tie questions back to the candidate’s ability to perform the duties of the job.
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Most illegal questions aren’t asked out of malice. They’re often the result of well-meaning interviewers making conversation without formal training.
At Axcet HR Solutions, our certified HR consultants help small businesses navigate complex hiring laws with confidence. From interview guidance and job description writing to compliance training and documentation support, we help you avoid costly missteps.
As a certified PEO based in Kansas City, we bring Fortune 500-level employee benefits and HR expertise to growing businesses across the country.
Let’s make hiring easier—and safer. Schedule a consultation with Axcet today>>
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