9 interview questions that get managers sued

Most small business owners would never knowingly discriminate. But a relaxed interview is exactly where trouble starts — a friendly "So, do you have kids?" becomes evidence later.

The questions to drop

1. "How old are you?" — age discrimination (40+).
2. "Do you have kids or plan to?" — sex and pregnancy discrimination.
3. "Are you married?" — marital status is protected in many states.
4. "Where are you originally from?" — national origin.
5. "Do you have any health issues?" — not allowed before a job offer under the ADA.
6. "What church do you go to?" — religion.
7. "Have you ever been arrested?" — arrests aren't convictions; many states restrict this.
8. "What did you make at your last job?" — banned in many states and cities.
9. "Have you ever filed a workers' comp claim?" — retaliation risk.

What to ask instead

Tie every question to the job: "This role works two Saturdays a month — can you meet that schedule?" or "This job requires lifting 50 lbs. Can you do that, with or without accommodation?"

The habit that protects you most

Ask every candidate the same core questions and score answers 1–5. It's fairer, faster, and far easier to defend.

Practice these in the Hiring module of Manager Lab.