11 interview questions you should never answer directly

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You may think a question about whether or not you have kids is totally innocuous small talk, but it's one of many questions best left unanswered during a job interview.

While very few specific interview questions are by themselves illegal to ask, Laura Davis, an associate professor with the Department of Finance and Legal Studies at Bloomsburg University of Pennsylvania, explains in the Journal of Employment and Labor Law that some questions may be used as evidence of discrimination and, so, are ill-advised for interviewers to ask.

"Since it is reasonable to assume that all questions in an interview are asked for some purpose and that hiring decisions are made on the basis of the answers given, any question asked during the interview can be used as circumstantial evidence of a prohibited discriminatory motive," she says.

In the US, certain personal characteristics are part of a protected class and can't be targeted for discrimination thanks to certain federal or state antidiscrimination laws.

"Even without any intentional ill will, employers who have knowledge concerning the protected class status of applicants may make biased assumptions about their capabilities or work habits," Davis says.

That's why, to protect against claims of discrimination, hiring managers are frequently advised to steer clear of asking certain questions altogether and stick to questions that focus on the specific criteria needed for a candidate to perform the job.

Unfortunately, not all hiring managers are informed about discrimination laws. So a good rule of thumb for job candidates, then, is to sidestep any questions that are blatantly irrelevant to the role you're interviewing for and specifically to avoid answering the following questions directly:

'What does your spouse do?'

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This question may seem like harmless small talk, but it's not as innocuous as you might think.

Some states, like New York, explicitly ban employers from discriminating against applicants based on their marital status.

And while Title VII, the portion of the federal Civil Rights Act that prohibits employment discrimination, does not bar employers from asking for information relating to protected-class status, it does ban discriminatory employment decisions made on the basis of this information.

Because of this, the Equal Employment Opportunity Commission (EEOC) — which brings lawsuits against employers on behalf of workers — advises employers against asking about marital status because these questions are often used to discriminate against female employees (and discriminating against women is illegal).

Other questions that could be used to discriminate that you should avoid answering include:

"Are you married?"

"Do you plan to get married?"

"What's your spouse's name?"

'Are you pregnant?'

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According to the EEOC, questions about the number of kids someone has are also frequently used to discriminate against female employees, which is illegal.

That's why it's inadvisable to answer other questions like:

"How many kids do you have?"

"How old are your kids?"

"Do you plan to have kids?"

"What are your child-care arrangements?"

'Do you have a disability that would interfere with your ability to perform the job?'

REUTERS/Siphiwe Sibeko

While this may seem like a pertinent question, the American Disabilities Act bars employers from asking interview questions that are likely to reveal the existence of a disability before making a job offer.

Other questions along these lines that you should avoid answering before you're offered a job could include:

"Do you have a heart condition?"

"Do you have asthma or any other difficulties breathing?"

"How many days were you sick last year?"

"Have you ever filed for workers' compensation? Have you ever been injured on the job?"

"Have you ever been treated for mental-health problems?"

"What prescription drugs are you currently taking?"

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