Illegal Interview Questions in Georgia: What Employers Cannot Ask

Federal employment law, primarily Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), prohibits employers from asking interview questions that discriminate based on protected characteristics. The Equal Employment Opportunity Commission (EEOC) enforces these laws and covers employers with 15 or more employees. Prohibited categories include: race, color, religion, sex, national origin, age (if 40 or older), disability status, genetic information, and military service status under USERRA.

Employers cannot ask questions about arrest records, credit history (unless job-related and consistent with business necessity), worker's compensation claims, or union membership. Questions about pregnancy, plans to have children, childcare arrangements, height/weight (unless a bona fide occupational qualification), or medical conditions are also prohibited. The EEOC evaluates whether interview questions have a disparate impact on protected groups, meaning facially neutral questions that disproportionately screen out members of a protected class may be unlawful even without discriminatory intent. Violations can result in back pay, front pay, compensatory damages for emotional distress, punitive damages up to $300,000 for intentional discrimination, and attorney's fees.

Georgia has no state employment discrimination statute that creates interview question restrictions beyond those provided by federal law. Georgia Code § 34-6-2 addresses wrongful discharge but does not establish specific protections against discriminatory interview questions. The state defers entirely to federal EEOC enforcement mechanisms and does not provide a separate state agency or cause of action for discriminatory interview questions.

However, Georgia recognizes common law tort claims for defamation and fraudulent misrepresentation that could theoretically arise from false statements made during interviews by employers. Additionally, Georgia follows the federal at-will employment doctrine with narrow exceptions for public policy violations, but this does not create affirmative interview question protections.

For practical purposes, Georgia employers are subject only to Title VII, ADA, ADEA, and GINA—the same federal restrictions that apply nationwide. Georgia does not expand these protections or add state-specific categories (such as sexual orientation or gender identity protections, which some states have adopted). Employers in Georgia with 15+ employees must comply with federal standards, while employers with fewer than 15 employees are not covered by Title VII but may be subject to ADA if they have 15+ employees under ADA's coverage rules. Remedies available in Georgia are federal remedies only: EEOC investigation, right-to-sue letters, and federal court litigation.

Georgia law does not recognize exceptions to federal interview question restrictions beyond those carved out under federal law itself. The primary federal exceptions are: (1) Bona Fide Occupational Qualification (BFOQ)—questions about protected characteristics that are genuinely necessary for job performance, though this is narrowly construed and rarely applies (e.g., a legitimate height/weight requirement for a stunt performer or modeling role).

(2) The Age Discrimination in Employment Act permits questions about age when age is a BFOQ or when hiring younger workers in a defined apprenticeship program.

(3) The ADA permits asking whether an applicant can perform essential job functions but not whether they have a disability or asking general health questions.

(4) Pre-employment medical examinations and inquiries are permitted only after a conditional job offer is made and to all applicants for the same position.

(5) Background checks for criminal history may be permitted if job-related and consistent with business necessity, though conviction alone cannot be a blanket bar.

Georgia's at-will employment doctrine does not create an exception to interview discrimination laws. An employer may fire for any reason or no reason, but not for an illegal reason—and discriminatory hiring or interview practices are illegal regardless of at-will status. Employers with union agreements must comply with federal law regardless of collective bargaining provisions.

Step 1: Document the Discriminatory Question. Immediately after your interview, write down the exact question(s) asked, the date, time, location, the interviewer's name and title, and any follow-up questions or comments. Record how the question was phrased—was it direct ('How old are you?') or indirect ('When did you graduate from high school?' to infer age). Note the context: was this question asked of all candidates or only you? Document any non-verbal cues (tone, pause, emphasis) if relevant. Keep email confirmations, interview confirmation letters, job postings, and any written materials provided. Photograph or scan documents and save them to cloud storage with date stamps.

Step 2: File an Internal Complaint if Possible. Before escalating externally, send a written complaint (email or certified letter) to the employer's HR department documenting the discriminatory question and requesting investigation. State: 'On [date] during my interview with [interviewer name], I was asked [specific question], which appears to violate federal employment discrimination law. I request that you investigate this matter and confirm the employer's policy regarding permissible interview questions.' Keep a copy of this complaint and any response. This step creates a paper trail and gives the employer opportunity to self-correct, though it is not legally required. Note that internal complaints do not extend the EEOC filing deadline.

Step 3: File a Charge with the EEOC. In Georgia, you must file an EEOC charge within 180 days of the discriminatory interview question. Contact the EEOC Atlanta District Office at 1-800-669-4000 or visit https://www.eeoc.gov/filing-charge-discrimination. You can file online via the EEOC's Public Portal (https://publicportal.eeoc.gov/s/), by mail to: EEOC Atlanta District Office, 100 Alabama Street, Suite 4R30, Atlanta, GA 30303, or in person. Required information: your name, address, phone number; employer name, address, phone number; date of discriminatory interview; detailed description of what happened (the specific question and how it violated federal law); protected class(es) affected (age, race, color, religion, sex, national origin, disability, genetic information); and whether you have filed with any other agency. Do not require an attorney to file; it is free.

Step 4: EEOC Investigation and Determination. Once filed, the EEOC has 180 days to investigate, though this timeline often extends. The EEOC will send the employer a copy of your charge and request a written response (Affidavit of Facts). You may be contacted for an interview; respond promptly and provide all documentation. The EEOC investigator may interview the interviewer, request job descriptions, interview notes, and records of questions asked to other candidates. Expect 2-6 months for initial determination. The EEOC will issue a 'Determination' letter concluding either that there is 'Reasonable Cause' to believe discrimination occurred or 'No Reasonable Cause.' If Reasonable Cause, the EEOC will attempt conciliation. If no conciliation agreement, the EEOC may file suit or issue a Right-to-Sue letter allowing you to sue in federal court within 90 days.

Step 5: Consider Legal Counsel. Consult an employment law attorney if: the EEOC finds Reasonable Cause (you now have stronger leverage to negotiate or litigate), you receive a Right-to-Sue letter (90-day window to file federal court suit is strict), the employer retaliates after your EEOC charge (retaliation claims are common), or the discriminatory question caused you measurable harm (lost job offer, emotional distress). An attorney experienced in federal Title VII litigation can estimate damages, evaluate settlement offers, and represent you in federal district court. Many employment lawyers work on contingency (no upfront cost; they take a percentage of winnings or settlement).