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Listen in! Pick up some expert advice to a reader's question that we selected from CyberSchmooz.

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Featured Biz Question

I've heard there are questions you should NOT ask people when you are interviewing them for a job. What can't you ask? -- Frank

Answer from our Guest Expert Jeff Pollack of Mintz & Gold LLP

Dear Frank:
What questions should not be asked during an interview is a factor of what anti-discrimination laws apply. A variety of federal, state, and local laws prohibit employment discrimination, including basing a hiring decision on a protected trait. Generally, you may not ask questions that will reveal the following information about the applicant:

  • Age (including questions that may reveal age, e.g., date of graduation from high school)
  • Religion
  • Race
  • National Origin
  • Gender
  • Citizenship (although you may inquire about employment eligibility)
  • Disability (although you may ask about the applicant's ability to perform the essential functions of the job)
  • Union membership
  • Marital status (depending on the state)
  • Worker's compensation history (depending on the state)
  • Prior arrests or convictions (depending on the state)
  • Sexual orientation (depending on the state)

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About the Expert

Jeffrey D. Pollack
Partner in Mintz & Gold LLP


Jeff practices litigation and labor law. His practice includes: Labor and Employment Counseling, Labor Relations, and Litigation. Jeff frequently writes and lectures on topics related to labor and employment law. more