Illegal Interview Questions in Illinois: What Employers Cannot Ask

Federal employment law prohibits interview questions that discriminate based on protected characteristics. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, prohibits age-related inquiries for applicants 40 and older. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits disability-related questions before a conditional job offer is made. The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2100, prohibits questions about genetic information or family medical history.

Under these laws, employers covered by federal statutes (generally 15+ employees for Title VII/ADA; 20+ for ADEA) must avoid questions designed to discover an applicant's protected status. The EEOC enforces federal discrimination laws and accepts complaints of unlawful interview questions as evidence of discriminatory intent. Remedies available federally include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for larger employers under Title VII), and attorney's fees.

Illinois has stronger protections than federal law in several respects. The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) prohibits discrimination based on the same federal protected classes (race, color, religion, national origin, sex) plus additional categories not protected federally: sexual orientation, marital status, arrest record, military discharge status, physical or mental disability, and unfavorable discharge from military service. Illinois law also covers smaller employers than federal law—the IHRA applies to employers with just one employee, whereas Title VII requires 15+ employees.

Under 775 ILCS 5/2A-101, the IHRA specifically prohibits asking questions, including in interviews, that either directly or indirectly seek information about protected characteristics. The Act defines "discrimination" to include inquiries into disability status, family status, medical history, or arrest records (except convictions directly related to the job). Illinois also codifies protections for sexual orientation and marital status discrimination that exceed federal Title VII scope.

Illinois employers cannot ask about: (1) age or birth date (except to verify legal working age); (2) disability, medical conditions, workers' compensation history, or mental/physical limitations before making a conditional offer; (3) family plans, pregnancy status, or childcare arrangements; (4) arrest records (with exceptions for certain safety-sensitive roles); (5) military discharge status unless directly relevant; (6) sexual orientation or gender identity; (7) marital or family status; (8) religious beliefs or observances; or (9) genetic information or family medical history. The Illinois Department of Human Rights (IDHR) enforces the IHRA and has broader remedial authority than the EEOC, including civil penalties, agency fines, and attorney's fees. State-level remedies under 775 ILCS 5/7A-101 et seq. include actual damages, emotional distress damages (without a statutory cap like federal law has), civil penalties, and mandatory employer training.

Several exceptions exist under Illinois law, though they are narrow and must be applied strictly. Under 775 ILCS 5/2-102, questions about criminal history are permitted if the conviction is directly related to the specific job duties, such as convictions for theft in a cashier position or violence in a position involving access to children. However, arrest records alone (without conviction) generally cannot be inquired about except in rare cases involving law enforcement positions.

Questions about disability are permitted after a conditional job offer is made and before employment begins, as long as all entering employees in the same job category are asked the same questions (this aligns with ADA rules). Questions about age may be asked if determining legal working status (e.g., "Are you 18?") but not to determine the applicant's actual age or date of birth. Questions about medical history are prohibited pre-offer but permitted post-offer under the same conditions as disability inquiries.

Employers may ask about job-related qualifications and experience, including previous work history, education, and licenses specific to the role. They may also ask about availability, willingness to travel, or ability to meet essential job functions. At-will employment doctrine applies in Illinois, meaning employers can generally decline to hire applicants for non-discriminatory reasons; the exception is that they cannot refuse to hire based on protected class status, even indirectly through interview questions designed to elicit that information.

Union positions and collective bargaining agreements do not create exceptions to interview question restrictions; the IHRA applies across all employment types. However, BFOQ (Bona Fide Occupational Qualification) defenses are very narrow under Illinois law and rarely succeed—an employer must prove that a protected characteristic is essential to the job. For example, a nursing home may ask about caregiver experience and physical ability to perform duties but cannot ask about age to screen for 'younger energy' or family status to assess 'stability.'

Step 1: Document the violation. Immediately after the interview, write down the date, time, location, interviewer(s)' names, and the exact questions asked that were unlawful. Include context—whether you answered, what your response was, and any visual cues (the interviewer's note-taking, tone, follow-up). Request a written copy of any interview questions or assessment forms used. Keep records of your qualifications, the job posting, and any communications from the employer. Save emails, text messages, or call recordings (with consent) mentioning your protected status or the discriminatory question.

Step 2: Internal complaint process (optional but strategic). Send a written email or letter to the employer's HR department describing the interview question, the date, and which law you believe was violated. Use language like "I believe this question violates the Illinois Human Rights Act because it sought information about my [protected status]." Request a written response and documentation of their corrective action policy. This creates a paper trail and may pressure the employer to investigate internally; it also demonstrates you attempted to resolve the issue internally, which strengthens your case if you later file an administrative complaint. Do not expect resolution—the internal step is primarily for documentation and potential settlement leverage.

Step 3: File with the Illinois Department of Human Rights (IDHR). You have 1 year from the interview date to file. Visit the IDHR website at www.cyberdriveillinois.com/departments/index/civil_rights/home.html or call 312-814-6200. File online at the IDHR's e-filing system or submit a paper charge by mail to IDHR, 160 N. LaSalle St., Room S-900, Chicago, IL 60601. No filing fee is required. Your charge must include: (1) your name, address, and phone number; (2) the employer's name, address, and nature of business; (3) the date the interview question was asked; (4) a detailed description of what was asked and why you believe it was unlawful; (5) the protected characteristic at issue (e.g., age, disability, race); and (6) whether you have also filed with the EEOC (dual-filing). IDHR will issue you a charge number and acknowledgment letter.

Step 4: Investigation process. IDHR will serve a copy of your charge on the employer, who has 30 days to respond. IDHR investigators will contact both you and the employer to gather evidence, interview witnesses (including other candidates or current employees who were in interviews), and request documentation such as interview notes, questions used, and hiring decisions. This process typically takes 180–365 days. You will be asked to provide additional details and may participate in a phone or in-person interview. IDHR will issue a "Charge Determination Letter" either finding reasonable cause that discrimination occurred or dismissing the charge. If reasonable cause is found, IDHR will attempt conciliation (negotiated settlement) for 30 days. If conciliation fails, you can request a hearing before an Administrative Law Judge (ALJ) or IDHR can issue a Substantial Evidence determination.

Step 5: Legal representation and next steps. Consult an employment law attorney if IDHR finds reasonable cause or if the employer contests your charge. An employment attorney can: (1) represent you at the ALJ hearing; (2) help negotiate settlements (typical settlements range from $5,000–$50,000+ depending on harm and employer size); (3) file in circuit court if you wish to pursue punitive damages or if administrative remedies are exhausted; and (4) ensure you recover attorney's fees and costs. If IDHR dismisses your charge, you can appeal to the IDHR Commissioner within 30 days or request a civil action in Illinois circuit court within 1 year of the violation.