Questions NOT to Ask During an Interview Small business owners should know which questions are illegal to ask during an interview. Unfortunately that is easier said than done. Appropriate questions are based upon anti-discriminatory laws that vary from state to state. A variety of federal, state and local laws prohibit employment discrimination, included basing a hiring decision on a protected trait. Generally speaking, the following are illegal in all states so avoid asking any questions that will reveal the following information about a potential employee or applicant:  Age  Religion  Race  National Origin  Gender  Citizenship (Although you may inquire about employment eligibility)  Disability  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)